area “d” east skaha vaseux - rdosmaps.bc.ca · electoral area “d” zoning bylaw 2455, 2008...

This Bylaw has been consolidated for convenience only and includes all

amendments to the text up to: December 19, 2019

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AREA “D” EAST SKAHA VASEUX

ZONING BYLAW Zoning Bylaw No. 2455, 2008 – Regional District of Okanagan-Similkameen

Electoral Area “D” Zoning Bylaw 2455, 2008


Regional District of Okanagan-Similkameen

East Skaha, Vaseux

Electoral Area “D” Zoning Bylaw No. 2455, 2008

TABLE OF CONTENTS Page

1.0 TITLE AND APPLICATION.................................................................................. 3

2.0 TRANSITION ........................................................................................................ 4

3.0 ADMINISTRATION .............................................................................................. 6

4.0 DEFINITIONS ....................................................................................................... 3

5.0 CREATION OF ZONES ..................................................................................... 23

6.0 SUBDIVISION REGULATIONS ......................................................................... 26

7.0 GENERAL REGULATIONS ............................................................................... 27 7.1 Applicability ........................................................................................................ 27 7.2 Principal Building ............................................................................................... 27 7.3 Uses Permitted in Every Zone ........................................................................... 27 7.4 Prohibited Uses of Land, Buildings and Structures ......................................... 27 7.5 deleted. ................................................................................................................ 28 7.6 deleted. ................................................................................................................ 28 7.7 Projections .......................................................................................................... 28 7.8 Fence Heights ..................................................................................................... 29 7.9 Screening and Landscaping .............................................................................. 30 7.10 Exterior Lighting ................................................................................................. 31 7.11 Accessory Dwellings .......................................................................................... 31 7.12 Secondary Suites ................................................................................................ 31 7.13 Accessory Buildings and Structures................................................................. 32 7.14 Accessory Temporary Buildings, Mobile Buildings, Recreational Vehicles ... 33 7.15 Cluster Development .......................................................................................... 33 7.16 deleted. ................................................................................................................ 34 7.17 Home Occupations ............................................................................................. 34


7.18 Home Industries .................................................................................................. 35 7.19 Bed and Breakfast Operation ............................................................................. 36 7.20 Signs .................................................................................................................... 37 7.21 Setbacks for Strata Subdivisions ...................................................................... 38 7.22 deleted. ................................................................................................................ 38 7.23 Keeping of Livestock and Honeybees ............................................................... 38 7.24 Provisions for Retail Sales of Farm and/or Off-Farm Products ....................... 39 7.25 Kennel Facilities ................................................................................................. 40 7.26 Agri-Tourism Accommodation........................................................................... 40 7.27 Retaining Walls ................................................................................................... 40

8.0 FLOODPLAIN REGULATIONS ......................................................................... 43 8.1 Floodplain Designation ...................................................................................... 43 8.2 Siting Buildings and Structures in Floodplains ................................................ 43 8.3 Floodplain Management Regulations ................................................................ 43

9.0 OFF-STREET PARKING, LOADING REQUIREMENTS ................................... 45 9.1 Basic Provisions ................................................................................................. 45 9.2 Location ............................................................................................................... 45 9.3 Off-Street Parking Space Standards ................................................................. 45 9.4 Loading Space Requirements ............................................................................ 47 9.5 Magazine Storage ............................................................................................... 47 9.6 Off-Street Parking and Loading ......................................................................... 47

10.0 RURAL ............................................................................................................... 50 10.1 RESOURCE AREA ZONE (RA) ........................................................................... 50 10.2 AGRICULTURE ONE ZONE (AG1) ...................................................................... 53 10.3 AGRICULTURE THREE ZONE (AG3) ................................................................. 56 10.4 LARGE HOLDINGS ONE ZONE (LH1) ................................................................ 59 10.5 LARGE HOLDINGS TWO ZONE (LH2) ............................................................... 62 10.6 deleted. ................................................................................................................ 64 10.7 SMALL HOLDINGS TWO ZONE (SH2) ............................................................... 65 10.8 SMALL HOLDINGS THREE ZONE (SH3) ............................................................ 67 10.9 SMALL HOLDINGS FOUR ZONE (SH4) .............................................................. 69 10.10SMALL HOLDINGS FIVE ZONE (SH5) ................................................................ 71

11.0 LOW DENSITY RESIDENTIAL .......................................................................... 74 11.1 RESIDENTIAL SINGLE FAMILY ONE ZONE (RS1) ............................................ 74 11.2 RESIDENTIAL SINGLE FAMILY TWO ZONE (RS2) ........................................... 76 11.3 RESIDENTIAL TWO FAMILY (DUPLEX) ZONE (RS3) ........................................ 78 11.4 RESIDENTIAL MANUFACTURED HOME PARK ZONE (RSM1) ........................ 80


12.0 MEDIUM DENSITY RESIDENTIAL .................................................................... 83 12.1 RESIDENTIAL MULTIPLE FAMILY ZONE (RM1) ............................................... 83 12.2 Deleted................................................................................................................. 86

13.0 TOWN CENTRE ................................................................................................. 87 13.1 OKANAGAN FALLS TOWN CENTRE ZONE (OFTC) ......................................... 87

14.0 COMMERCIAL ................................................................................................... 90 14.1 GENERAL COMMERCIAL ZONE (C1) ................................................................ 90 14.2 OKANAGAN FALLS TOWN CENTRE TRANSITION ZONE (C4) ........................ 92 14.3 deleted. ................................................................................................................ 94 14.4 deleted. ................................................................................................................ 95 14.5 RECREATIONAL VEHICLE PARK ZONE (C7) ................................................... 96 14.6 deleted. ................................................................................................................ 98 14.7 deleted. ................................................................................................................ 99 14.8 deleted. .............................................................................................................. 100 14.9 SERVICE COMMERCIAL ONE ZONE (CS1) ..................................................... 101

15.0 TOURIST COMMERCIAL ZONES ................................................................... 103 15.1 TOURIST COMMERCIAL ONE ZONE (CT1) ..................................................... 103 15.2 CAMPGROUND COMMERCIAL ZONE (CT2) ................................................... 105 15.3 PENTICTON SPEEDWAY ZONE (CT5) ............................................................. 107

16.0 INDUSTRIAL .................................................................................................... 109 16.1 GENERAL INDUSTRIAL ZONE (I1) ................................................................... 109 16.2 HEAVY INDUSTRIAL ZONE (I2) ........................................................................ 111 16.3 COMMUNITY WASTE MANAGEMENT ZONE (I3) ............................................ 113

17.0 ADMINISTRATIVE and OPEN SPACE ........................................................... 115 17.1 ADMINISTRATIVE AND INSTITUTIONAL ZONE (AI) ....................................... 115 17.2 PARKS AND RECREATION ZONE (PR) ........................................................... 117 17.3 CONSERVATION AREA ZONE (CA) ................................................................. 119

18.0 COMPREHENSIVE DEVELOPMENT .............................................................. 120 18.1 COMPREHENSIVE DEVELOPMENT ZONE (CD) ............................................. 120

19.0 SITE SPECIFIC DESIGNATIONS .................................................................... 123 19.1 Site Specific Resource Area (RAs) Provisions: .............................................. 123 19.2 Site Specific Agricultural One (AG1s) Provisions: ......................................... 123 19.3 Site Specific Agricultural Three (AG3s) Provisions: ...................................... 123 19.4 Site Specific Large Holdings One (LH1s) Provisions: .................................... 124


19.5 deleted. .............................................................................................................. 127 19.6 Site Specific Small Holdings Three (SH3s) Provisions: ................................. 128 19.7 Site Specific Small Holdings Five (SH5s) Provisions:.................................... 128 19.8 Site Specific Residential Single Family One (RS1s) Provisions: ................... 129 19.9 Site Specific Residential Single Family Two (RS2s) Provisions: .................. 130 19.10Site Specific Residential Two Family (Duplex) (RS3s) Provisions: ............... 130 19.11Site Specific Residential Manufactured Home Park (RSM1s) Provisions: .... 130 19.12Site Specific Residential Multiple Family (RM1s) Provisions: ....................... 131 19.13deleted. .............................................................................................................. 131 19.14Site Specific General Commercial (C1s) Provisions: ..................................... 132 19.15Site Specific Okanagan Falls Town Centre Transition (C4s) Provisions: ..... 132 19.16deleted. .............................................................................................................. 132 19.17Site Specific Penticton Speedway (CT5s) Provisions: ................................... 132 19.18Site Specific Recreational Vehicle Park (C7s) Provisions: ............................ 133 19.19deleted. .............................................................................................................. 133 19.20Site Specific Tourist Commercial One (CT1s) Provisions: ............................ 133 19.21Site Specific Campground Commercial (CT2s) Provisions: .......................... 133 19.22Site Specific General Industrial (I1s) Provisions: ........................................... 133 19.23Site Specific Heavy Industrial (I2s) Provisions: ............................................. 134 19.24Site Specific Community Waste Management (I3s) Provisions: ................... 135 19.25deleted. .............................................................................................................. 135 19.26deleted. .............................................................................................................. 135 19.27Site Specific Administrative and Institutional (AIs) Provisions: ................... 135 19.28Site Specific Park and Recreation (PRs) Provisions: ..................................... 135 19.29Site Specific Conservation Area (CAs) Provisions: ....................................... 135 19.30Site Specific Comprehensive Development (CDs) Provisions: ..................... 137 19.31Site Specific Service Commercisl One (CS1s) Provisions: ........................... 138 19.32Site Speific Small Holdings Two (SH2s) Provisions: ..................................... 139 19.33Site Speific Small Holdings Four (SH4s) Provisions: .................................... 141 19.34Site Speific Large Holdings Two (LH2s) Provisions: ..................................... 141


LIST OF SCHEDULES, MAPS, FIGURES, AND TABLES

Schedule ‘1’ Electoral Area “D” Zoning Text

Map 1 General Context Map

Table 7.9 Screening & Landscaping Requirements

Table 7.22 Farm use Building, Structure, and Area Setbacks

Table 9.1 Minimum Parking Space Dimensions

Table 9.2 Off-Street Parking & Loading Requirements

Schedule ‘2’ Electoral Area “D” Zoning Maps

Note: Schedule ‘2’ can be viewed either on the RDOS website at www.rdos.bc.ca, or by requesting hard copy at the RDOS office.

http://www.rdos.bc.ca/

Electoral Area “D” Zoning Bylaw 2455, 2008 2


East Skaha, Vaseux


A Bylaw to divide part of the Regional District within Electoral Area “D” into zones and regulate within the zones:

1. the use of land, buildings and structures,

2. the density of the use of land, buildings and structures,

3. the siting, size and dimensions of:

a) buildings and structures, and

b) uses that are permitted on the land,

4. the shape, dimensions and area, including the establishment of maximum and minimum sizes of all parcels of land that may be created by subdivision,

5. the provision of off-street parking and loading spaces,

6. the provision of screening or landscaping,

7. floodplain regulations, and

8. other matters under provincial empowering enactments.

The Regional Board of the Regional District of Okanagan-Similkameen ENACTS as follows:


1.0 TITLE AND APPLICATION 1.1 This Bylaw may be cited for all purposes as the “Regional District of Okanagan-

Similkameen, Electoral Area “D” Zoning Bylaw No. 2455, 2008”.

1.2 This Bylaw applies to all lands, including the surface of water and all uses, buildings and structures located within that portion of Electoral Area “D” of the Regional District of Okanagan-Similkameen as shown by map reference on Schedule ‘2’, which is attached to and forms part of this Bylaw.

This Bylaw includes:

Schedule ‘1’ — Electoral Area “D” Zoning Text

Schedule ‘2’ — Electoral Area “D” Zoning Map


2.0 TRANSITION 2.1 Electoral Area ‘D’ Zoning Bylaw No. 1801, 1998, as amended is repealed.

READ A FIRST TIME on the 17th day of July, 2008.

READ A SECOND TIME on the 17th day of July, 2008.

SECOND READING RESCINDED on the 21st day of August, 2008.

RE-READ A SECOND TIME on the 21st day of August, 2008.

PUBLIC HEARING held on the 2nd day of October, 2008.

READ A THIRD TIME on the 2nd day of October, 2008.

Approved by the Minister of Transportation and Infrastructure, this 9th day of October, 2008.

ADOPTED this 6th day of November, 2008.

Dan Ashton Tracey Batton

Chair General Manager of Administration Services


SCHEDULE ‘1’




3.0 ADMINISTRATIONi

3.1 Applicability

.1 This Bylaw applies to that portion of the Regional District contained within Electoral Area “D”, as outlined on Schedule ‘2’.

.2 Land or the surface of water must not be used, land shall not be subdivided and buildings or structures must not be constructed, altered, located or used except as specifically permitted in this Bylaw.

.3 All uses permitted by this Bylaw include, except as otherwise specifically stated, all uses reasonably accessory and exclusively devoted to the principal uses.

.4 Parcels created prior to adoption of this Bylaw that do not meet any minimum parcel area or dimensions may be used for any of the permitted uses listed in each zone, subject to the limitations contained therein.

.5 Parcels shall be consolidated prior to issuance of building permit where the proposed building would otherwise straddle the parcel line.

3.2 Enforcement

.1 The Manager of Development Services, Regional District Building Inspectors, and such other officers, employees or agents designated from time to time by the Regional Board to act in the place of the Manager and Inspectors, subject to applicable enactments, are authorized at all reasonable times to enter on any property that is subject to regulation under this Bylaw, to ascertain whether the regulations, prohibitions or requirements under this Bylaw are being observed.

3.3 Prohibitions and Penalties

.1 A person shall not prevent or obstruct, or attempt to prevent or obstruct, a person, an officer or an employee authorised under Section 3.2 from entering property to ascertain whether regulations, prohibitions or requirements of this Bylaw are being met or observed.

.2 Each person who violates any of the provisions of this Bylaw commits an offence and is liable on summary conviction to a fine not exceeding $10,000.00 and the costs of prosecution.

.3 Each day’s continuance of an offence under this Bylaw constitutes a new and distinct offence.

3.4 Severability

i Amenement Bylaw No. 2773, 2017 – adopted January 4, 2018.


.1 If any section, subsection, sentence, clause or phrase of this Bylaw is, for any reason, held to be invalid by decision of any court of competent jurisdiction, the invalid portion must be severed and the decision that it is invalid will not affect the validity of the remaining portions of this Bylaw.

2

2 Amenement Bylaw No. 2831, 2018 – adopted December 6, 2018.


4.0 DEFINITIONS In this Bylaw: Amended by deleting the definitions of “community sewer system”iii, “community water system’iv, “heavy industry”v, “light industry”vi, “sporting, amusement and recreation facility”, “farmer’s/flea market”, “convenience stores”, “supermarkets”, “brew your own operations”vii, “single-wide mobile”viii, and “animal hospital”, “auxiliary”, “agri-tourist farm inn”, “bistro”, “intensive agriculture”, “auxiliary sales of farm products and/or off-farm products”, “farm”, “stable”, “riding stable”, “school bus”, “trade school”, “urban zone”ix, and “landscaped strip”,x “industrial/utilities-oriented office”xi, “amusement establishment, indoor”, “amusement establishment, outdoor”, “fruit stand”, “open land recreation”, “privacy zone”, “recreation services, indoor”, “recreation services, outdoors”, “resort”, “riparian assessment area”, “special needs housing”.xii

“accessory” means a use that may exist in conjunction with, and in the same building or parcel as, another use but which is neither subordinate nor exclusively devoted to the other use; “accessory building or structure” means a detached building or structure located on the same parcel as the principal building, the use of which is subordinate, customarily incidental, and exclusively devoted to that of the principal building;xiii “accessory dwelling” means a dwelling unit which is permitted as an accessory use in conjunction with a principal use and is not located within a building containing a single detached dwelling unit. The accessory dwelling is a complete living unit and indicates a private kitchen and bath;xiv “accessory use” means a use which is subordinate, customarily incidental, and exclusively devoted to a principal use in existence on the same parcel;xv “affordable housing” means housing that costs the tenant 30% or less of gross annual household income; “agriculture” means the use of land, buildings or structures for growing, harvesting, packing, storing and wholesaling of agricultural crops for the purposes of providing food, horticultural, medicinal or farm products, but excludes processing and retail sales of farm products and “cannabis production, indoor”. Agriculture includes “cannabis production, outdoor”, producing

iii Amendment Bylaw No. 1801.15, 2008 – adopted May 7, 2009. iv Amenement Bylaw No. 1801.15, 2008 – adopted May 7, 2009. v Amenement Bylaw No. 2455.16, 2015 – adopted March 19, 2015. vi Amenement Bylaw No. 2455.16, 2015 – adopted March 19, 2015. vii Amenement Bylaw No. 2455.24, 2016 – adopted September 15, 2016. viii Amenement Bylaw No. 2743, 2016 – adopted September 15, 2016. ix Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. x Amenement Bylaw No. 2455.30, 2018 – adopted April 19, 2018. xi Amenement Bylaw No. 2783, 2018 – adopted April 19, 2018. xii Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018. xiii Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. xiv Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. xv Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017.


and rearing animals and range grazing of horses, cattle, sheep, and other livestock and includes apiculture and aquaculture;xvi “agriculture, intensive” means a use of land, buildings or structures by a commercial enterprise or an institution for the confinement of poultry, livestock or fur-bearing animals, or the growing of mushrooms;xvii “agri-tourism” means a tourist activity, service or facility accessory to land that is classified as a farm under the Assessment Act;xviii “agri-tourism accommodation” means accommodation for rental to the traveling public on an operating farm which is accessory to and related to, the principal farm use of the parcel;xix “amenity area” means:xx

i) an area located on the same parcel as a manufactured home park which:

a) is required under this Bylaw to be used for landscaping or communal recreational purposes; and

b) may include a landscaped area, rooftop gardens, tennis courts, swimming pools and communal lounges; or

ii) an area, not including the front setback, located on the same parcel as a multi dwelling unit, which;

a) is required under this Bylaw to be used for landscaping or communal recreational purposes; and

b) may include a landscaped area, rooftop gardens, tennis courts, swimming pools, communal lounges and private balconies to the extent of not more than 5.0 m2 of private balcony space per dwelling.

“apiculture” means the keeping and raising in apiaries of honey bees for honey production, crop pollination, and beestock production; “aquaculture” means the growing and cultivation of aquatic plants, or fish, for commercial purposes, in any water environment or in human made containers of water, and includes the growing and cultivation of shellfish on, in or under the foreshore or in the water;xxi

xvi Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017; Amenement Bylaw No. 2783, 2018 – adopted April 19, 2018; and Amenement Bylaw No. 2849, 2019 – adopted December 5, 2019. xvii Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. xviii Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. xix Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. xx Amenement Bylaw No. 2743, 2016 – adopted September 15, 2016. xxi Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017.


“art gallery” means a building or part of a building where works of art, such as paintings, sculpture, pottery, glass or weaving are displayed for public viewing, sale or both;xxii “asphalt plant” means the processing and manufacturing of road paving materials from raw material and petroleum products;xxiii “bed and breakfast” means an occupation conducted within a principal dwelling unit, by the residents of the dwelling unit, which provides sleeping accommodations to the traveling public and includes the provision of a morning meal for those persons using the sleeping accommodations;xxiv “boarding home” means a building providing lodging and meals for a maximum of eight (8) persons; “brewery, cidery, distillery or meadery” means the brewing or distilling of alcoholic beverages or alcoholic products with alcoholic content exceeding 1% by volume that is licensed under the Liquor Control and Licensing Act to produce beer, cider, spirits or mead;xxv “building” means any structure consisting of a roof supported by walls or columns used or intended to be used for sheltering, accommodating or enclosing people, animals, goods, chattels or equipment; “campground” means a parcel of land occupied and maintained for temporary accommodation (maximum 30 days) of the traveling public in tents, tourist cabins or recreation vehicles which are licensed for the current year and have been brought to the site by the traveler. May include an office as part of the permitted use but does not include hotels, manufactured homes, manufactured home parks, motels or park model trailers;xxvi “cannabis” means any plant of the genus cannabis; including:

a) any part of a cannabis plant, including the phytocannabinoids produced by, or found in, such a plant, regardless of whether that part has been processed or not;

b) any substance or mixture of substances that contains or has on it any part of such a plant; and

c) any substance that is identical to any phytocannabinoid produced by, or found in, such a plant, regardless of how the substance was obtained.xxvii

“cannabis production, indoor” means the commercial production, cultivation, synthesis, harvesting, altering or propagating of cannabis inside a structure, as permitted by federal xxii Amenement Bylaw No. 2455.24, 2016 – adopted September 15, 2016. xxiii Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015. xxiv Amendment Bylaw No. 2594, 2012 – adopted March 21, 2013. xxv Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. xxvi Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018. xxvii Amenement Bylaw No. 2783, 2018 – adopted April 19, 2018.


enactment, but excludes the growing of cannabis by an individual for their personal use and consumption, or “cannabis production, outdoor”;xxviii “cannabis production, outdoor” means the commercial production, cultivation, synthesis, harvesting, altering or propagating of cannabis outside in a field, as permitted by federal enactment, but excludes the growing of cannabis by an individual for their personal use and consumption, or “cannabis production, indoor”;xxix “cannabis products” means plant material from cannabis and any products that include cannabis or cannabis derivatives, intended for human use or consumption;xxx “charitable, fraternal or philanthropic institution” means a facility or premises used for temporary gatherings and temporary accommodation, which is owned by a public or private organization which is not organized for the purpose of carrying on a trade or business and no part of the net earnings of which are for the benefit of any private group or individual and may include a religious or recreational retreat; “chemical storage structure” means a structure used to store or contain chemicals including fuel, fertilizers, insecticides, fungicides, and/or herbicides used in agricultural production; “church” means an assembly building used for religious worship which is maintained and controlled by a religious body organized to sustain public worship; “cluster housing development” means a comprehensive residential development intended to provide relatively high density on a portion of a parcel while leaving the remainder of the parcel in a natural state. Such development may be constructed in one of the following arrangements:

a) attached dwellings sited to form an identifiable group;

b) a number of single detached dwellings sited in identifiable groups or forming a visually-cohesive group;

c) a group of single detached or attached dwellings sited around, or situated within, a common area or feature whether that be natural or man-made.

“commercial card-lock facility” means a premises used for the bulk storage and sale of petroleum products dispensed from pumps utilizing a card-lock or key-lock system, but excludes a service station;xxxi “community hall” means a building or part of a building designed for, or intended to be used for, such purposes as civic meetings, educational meetings, political meetings, recreational activities or social activities and may include accessory banquet facilities;

xxviii Amenement Bylaw No. 2849, 2019 – adopted December 5, 2019. xxix Amenement Bylaw No. 2783, 2018 – adopted April 19, 2018; and Amenement Bylaw No. 2849, 2019 – adopted December 5, 2019. xxx Amenement Bylaw No. 2783, 2018 – adopted April 19, 2018. xxxi Amenement Bylaw No. 2783, 2018 – adopted April 19, 2018.


“compost” means the biological degradation or breaking down of any organic matter, or the final product thereof; “composting operation” means the entire area, buildings, and equipment used for the biological decomposition of organic materials, substances or objects under controlled circumstances in composting storage facilities and composting storage sites;xxxii “concrete plant” means the processing, manufacturing and sale of concrete, and includes the accessory manufacture and sales of products made from concrete;xxxiii “congregate care housing” means a building providing lodging and meals for six or more persons who, because of advanced age or mental or physical limitations, require personal care. This building may include group dining and social areas; “conservation area” means land that is preserved and protected, and may be owned by an individual, the Province including ecological reserves or protected areas, the Canadian Wildlife Service, The Nature Trust, The Land Conservancy, Regional District of Okanagan-Similkameen, the public or other not for profit organizations interested in conservation for the prime purpose of conserving natural habitat. Typical examples include but are not limited to land protected in a natural state for the purpose of conserving plant life and providing sanctuary, habitat and breeding grounds for wildlife or fish. A Conservation Area does not include indoor and outdoor recreation;xxxiv “construction supply centre” means the retail sale or wholesale of building material, fixtures, or hardware, garden furniture, construction and home improvement equipment or supplies, animal feed, farm supplies, and includes a lumber yard, building supply outlet, home improvement centre, and may include accessory rental of home construction, maintenance or repair equipment;xxxv “cooking facilities” means facilities for the preparation or cooking of food, and includes any room containing counters, cabinets, sinks, stoves, dishwashers and other appliances, plumbing, or wiring which, may be intended or used for the preparation or cooking of food;xxxvi “crawl space” means the space between the underside of the joists of the floor next above and the ground floor slab or ground surface where no slab exists, having a vertical clear height less than 1.5 metres;xxxvii

xxxii Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015. xxxiii Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015; Amenement Bylaw No. 2783, 2018 – adopted April 19, 2018. xxxiv Amendment Bylaw No. 2710, 2017 – adopted June 15, 2017; and Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018. xxxv Amenement Bylaw No. 2783, 2018 – adopted April 19, 2018. xxxvi Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018. xxxvii Amenement Bylaw No. 2773, 2017 – adopted January 4, 2018.


“density averaging” means a development concept which allows the permitted number of residential units on a parcel, as specified in the applicable zone, to be concentrated or clustered onto a portion of the parcel while leaving the remainder portion undeveloped or in a natural state; “derelict vehicle” means any vehicle (except farm machinery in a zone that permits agriculture) which is dismantled or has been in a state of neglect and disrepair for at least 30 days, and which is not enclosed within a garage or carport; “designated flood” means a flood, which may occur in any given year, of such magnitude as to equal a flood having a 200-year recurrence interval, based on a frequency analysis of unregulated historic flood records or by regional analysis where there is inadequate streamflow data available; “designated flood level” means an observed or calculated water level attained by a designated flood, which is used in the calculation of the flood construction level; “designated official” means any official of British Columbia designated by the Minister of Environment where signing authority has been given; “development” means any activity carried out in the process of clearing or preparing a site or constructing or erecting structures;xxxviii “duplex dwelling” means a building containing two principal dwelling units with each unit having an independent exterior entrance;xxxix “dwelling unit” means one or more habitable rooms constituting one self-contained unit which has a separate entrance, and which contains washroom facilities, and not more than one set of cooking facilities (unless a secondary suite is permitted in the applicable zone), and which is designed to be used for living and sleeping purposes; xl “eating and drinking establishment” means a development where prepared foods and beverages are offered for sale to the public for consumption within the premises or off the site and includes neighbourhood pubs, licensed restaurants, lounges cafes, delicatessens, tea rooms, lunch rooms, drive-in food services, refreshment stands and take-out restaurants but excludes mobile catering food services; “educational facility” means the use of land, buildings or structures for education, instruction and training and may include administration offices and dormitories to house students. Typical

xxxviii Amenement Bylaw No. 2773, 2017 – adopted January 4, 2018. xxxix Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018. xl Amendment Bylaw No. 2594, 2012 – adopted March 21, 2013.


examples include but are not limited to elementary, middle and secondary schools, storefront schools, community colleges, universities, technical and vocational schools;xli “equestrian centre” means the use of riding arenas, stables, training tracks and other structures that accommodate the activity of riding horses, and in which horses are sheltered and fed;xlii “farm building” means a building or part thereof which is associated with and located on land devoted to the practice of agriculture, and used essentially for the housing of equipment or livestock, or the production, storage, processing, marketing and selling of agricultural and horticultural produce or feeds;xliii “farm operation” means a farm operation as defined by the Province under the Farm Practices Protection (Right to Farm) Act;xliv “farm products” means commodities or goods that are produced from a farm use;xlv "farm use" means an occupation or use of land for agricultural purposes, including farming of land, plants and animals and any other similar activity designated as farm use by Provincial regulation, and includes a farm operation;xlvi “farmed game” means animals held under the authority of a licence under the relevant Provincial regulations and includes fallow deer, bison and reindeer; “feed lot” means any building, structure, compound or other enclosure, or an outdoor, non-grazing area where more than fifty (50) livestock are confined by fences, other structures or topography, including paddocks, corrals, exercise yards, and holding areas, but not including a seasonal;xlvii “fence” means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land; “first storey” means the uppermost storey having its floor level not more than 2.0 metres above grade; “fleet service” means the use of a parcel for a fleet of vehicles for the delivery of people, goods or services, where such vehicles are not available for sale or long term lease. Typical uses include but are not limited to taxi services, bus lines, storage of a fleet of rental vehicles, and messenger and courier services, but excludes freight terminal;xlviii xli Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. xlii Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. xliii Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. xliv Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. xlv Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. xlvi Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. xlvii Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. xlviii Amenement Bylaw No. 2783, 2018 – adopted April 19, 2018.


“flood construction level” means a designated flood level plus an allowance for freeboard or, where a designated flood level cannot be determined, a height assessed above a natural boundary of a watercourse, lake or other body of water or natural ground elevation; “floodplain setback” means a withdrawal of a building or fill from the natural boundary or other reference line (as approved by the designated official) to maintain a floodway and to allow for potential land erosion; “floor area ratio” means the figure obtained when the gross floor area of all the buildings on a parcel excluding under-building parking is divided by the area of the parcel; “food and beverage processing” means a business premises or building, where produce, meat or beverages are processed, produced, canned, frozen, packed or stored indoors, and includes a brewery, cidery, distillery or meadery and winery;xlix “forestry” means the management of forests, including harvesting, silviculture, log storage and logging camps but excludes the processing of trees and wood products; “freeboard” means a vertical distance added to a designated flood level to establish a flood construction level; “freight terminal” means a premises used as an origin or destination point from which vehicles are dispatched for the delivery or pick-up of materials, goods and equipment and which may include warehouse space for the temporary storage of such materials, goods and equipment;l “funeral home” means a building or part of a building wherein a licensed undertaker prepares human remains for internment and may include a chapel for funeral services; “golf course” means a tract of land for playing golf, pitch and putt courses or driving ranges, including clubhouses, restaurants, pro shops and similar accessory facilities, including banquet facilities, necessary for golf purposes and which may include buildings necessary for the maintenance and administration of the golf course;li “grade, finished” means the average finished grade level at the perimeter of a building or structure, excluding any localized mounds or depressions such as those for vehicle or pedestrian entrances;lii “gravel processing” means screening, sorting, crushing and storing of any earth material, excluding subsequent manufacturing operations such as concrete and asphalt plants;liii xlix Amenement Bylaw No. 2783, 2018 – adopted April 19, 2018. l Amenement Bylaw No. 2783, 2018 – adopted April 19, 2018. li Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018. lii Amenement Bylaw No. 2773, 2017 – adopted January 4, 2018. liii Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015.


“greenhouse” means a structure covered with a transparent material, and used for the purpose of growing plants, which is of sufficient size for persons to work within the structure;liv “gross floor area” means the total floor area of a building on a parcel measured to the outer limits of the building; excluding uncovered parking, unenclosed swimming pools, uncovered balconies, sundecks and parking within a building; “group home” means a residential care facility for not more than six persons in care, that is operated in a private dwelling and licensed under the relevant Provincial regulations; “G.S.C.” means Geodetic Survey of Canada; “habitable area” means, for the purpose of the flood construction level provisions of this Bylaw, any space or room within a building or structure, including a manufactured home or unit, which is used or is capable of being used for human occupancy or industrial, business or commercial use, or storage of goods, including equipment (and furnaces), which is susceptible to damage by floodwater;lv “height” means, when used in reference to a building or structure except for a retaining wall, the vertical distance from the finished grade to the highest point of the roof or structure;lvi “high water mark” means the visible high water mark of a watercourse where the presence and action of the water are so common and usual, and so long continued in all ordinary years, as to mark on the soil of the bed of the watercourse a character distinct from that of its banks, in vegetation, as well as in the nature of the soil itself (and includes the active floodplain); “highway” means a street, road, lane, bridge, viaduct or any other way open to public use for the purpose of travelling, but does not include a private right-of-way on private property; “home industry” means an occupation or a commercial use that is accessory to the principal residential use of the parcel and may include manufacturing, processing, fabricating, assembling, storing, distributing, testing, servicing, or repairing of goods or materials including vehicle repair, maintenance and auto body shops and other similar uses;lvii “home occupation” means an occupation or profession that is accessory to the principal residential use of a parcel and may include home offices; studios; home workshops, and other similar uses;lviii

liv Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. lv Amenement Bylaw No. 2743, 2016 – adopted September 15, 2016. lvi Amenement Bylaw No. 2773, 2017 – adopted January 4, 2018. lvii Amenement Bylaw No. 2849, 2019 – adopted December 5, 2019. lviii Amenement Bylaw No. 2849, 2019 – adopted December 5, 2019.


“hotel” means a building containing commercial guest sleeping units, and a lobby area for guest registration and access to the sleeping units and may contain accessory uses such as a restaurant, licensed drinking facilities, accessory retail store, and meeting rooms;lix “indoor recreation” means a facility within an enclosed building intended for leisure activities where patrons are predominantly participants or spectators. Typical uses include amusement arcades, bingo halls, health and fitness centres, athletic facilities and ice rinks, billiard and pool halls, swimming pools, bowling alleys, theatres and concert or music halls;lx “institutional use” means a use which relates to human development such as education, recreation, religion or politics or which relates to public service such as health or protective services; “integrated housing” means detached and/or semi-detached dwelling units integrated into one development under a strata subdivision – also known as a “gated” community; “interpretive centre” means a building that provides interpretation of a place of interest related to the natural environment through a variety of media, such as video displays, information panels and exhibitions of material, and which may also include accessory facilities such as a refreshment stand or gift shop;lxi “kennel” means the care of five (5) or more dogs, cats or other domestic animals or pets whether such animals are kept commercially for board, propagation, training, sale or for personal and private enjoyment;lxii “landscaped strip” means a continuous strip at least 1.5 metres wide containing grass or other decorative surface treatment, within which at least three shrubs or trees capable of attaining a height of one metre or more, are planted every five metres, broken only for walkways or driveways; “lane” means a highway which provides a second access to a parcel and is less than eight metres wide; “livestock” means horses, cattle, sheep, swine, llamas, ratites, farmed game and other such animals; “marina” means a facility for storing, servicing, fueling, berthing, securing and launching of private pleasure water craft;

lix Amenement Bylaw No. 2455.24, 2016 – adopted September 15, 2016; and Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018. lx Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018. lxi Amendment Bylaw No. 2710, 2017 – adopted June 15, 2017. lxii Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017.


“minimum parcel size” means the minimum area of a parcel of land which can be created by subdivision; “manufactured home” means a “mobile home” or “modular home” normally built in an enclosed factory environment in one or more sections, intended to be occupied in a place other than that of its manufacture, but does not include travel trailers, recreational vehicles, park model recreational vehicles or campers;lxiii “manufactured home park” means any parcel of land, upon which three (3) or more manufactured homes or single detached dwellings are located on individual manufactured home sites that are occupied exclusively for residential purposes on a rental basis. Includes all buildings and structures used or intended to be used as part of such manufactured home park;lxiv “manufactured home space” means an area of land for the installation of one manufactured home with permissible additions and situated within a manufactured home park;lxv “manufacturing” means fabricating, processing, assembling and finishing of goods or materials not involving the use, processing or production of hazardous wastes;lxvi “mobile home” means a manufactured home which is certified as being constructed to the Canadian Standards Association Z240 Mobile Home Series Standard;lxvii “modular home” means a manufactured home which is certified as being constructed to the Canadian Standards Association A277 Standard;lxviii “motel” means a building or buildings containing housekeeping and/or not less than six sleeping units each with an exterior entrance and designed to provide temporary accommodation for the travelling public;lxix “motorsports facility” means land, buildings or structures used for the purpose of racing automobiles, motorcycles, go-karts and other motorized vehicles, and includes driver training and vehicle testing, drag strip and other uses accessory to motorized vehicle racing;lxx “multi-dwelling unit” means a building containing 3 or more dwelling units; “natural resource extraction” means the quarrying, sorting, screening, removal and off-site sale of sand, gravel, earth or mineralized rock found on or under a site and includes quarries, gravel

lxiii Amenement Bylaw No. 2743, 2016 – adopted September 15, 2016. lxiv Amenement Bylaw No. 2743, 2016 – adopted September 15, 2016. lxv Amenement Bylaw No. 2743, 2016 – adopted September 15, 2016. lxvi Amenement Bylaw No. 2783, 2018 – adopted April 19, 2018; and Amenement Bylaw No. 2849, 2019 – adopted December 5, 2019. lxvii Amenement Bylaw No. 2743, 2016 – adopted September 15, 2016. lxviii Amenement Bylaw No. 2743, 2016 – adopted September 15, 2016. lxix Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018. lxx Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018; and Amenement Bylaw No. 2808, 2018 – adopted October 18, 2018.


pits, gravel processing and stripping of topsoil but excludes subsequent manufacturing operations such as concrete and asphalt plants;lxxi “off-farm products” means farm products that are not grown, reared, raised or produced on the farm from which they are being sold; “office” means a business premises or building, designed, intended and used for the provision of professional, management, administrative, government, consulting, or financial services in an office setting including but not limited to the offices of: lawyers, accountants, travel agents, real estate and insurance firms, planners, non-government organizations, clerical agencies, Crown corporations, municipalities and provincial or federal governments;lxxii “outdoor market” means a temporary use where groups of individual sellers offer new and used goods, crafts or produce for sale directly to the public;lxxiii “outdoor recreation” means a facility used and equipped for the conduct of outdoor sports, leisure and entertainment activities, instructional courses and equipment rentals and may require amenities such as showers and storage, and that excludes equestrian centres and golf course;lxxiv “outdoor storage” means the storage of equipment, goods, and materials in the open air where such storage of goods and materials does not involve the erection of permanent structures. Typical uses include but are not limited to vehicle or heavy equipment storage compounds; and the sale, rental and storage of metal shipping containers;lxxv “owner” means an owner, agent, lessor or manager of a parcel or a person who operates a manufactured home park;lxxvi “panhandle” means any parcel with any of the building envelope situated directly behind another parcel so that its frontage is a relatively narrow strip of land which is an integral part of the parcel;lxxvii “parcel” means any parcel, block or other area in which land is held or into which it is subdivided whether under the Land Title Act or the Bare Land Strata Regulations under the Strata Property Act or a legally recorded lease of license of occupation issued by the Province of British Columbia;lxxviii “parcel area, useable” means all the area of a parcel except areas that are: lxxi Amenement Bylaw No. 2783, 2018 – adopted April 19, 2018. lxxii Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018. lxxiii Amenement Bylaw No. 2455.24, 2016 – adopted September 15, 2016. lxxiv Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018. lxxv Amenement Bylaw No. 2783, 2018 – adopted April 19, 2018. lxxvi Amenement Bylaw No. 2743, 2016 – adopted September 15, 2016. lxxvii Amenement Bylaw No. 2773, 2017 – adopted January 4, 2018. lxxviii Amenement Bylaw No. 2773, 2017 – adopted January 4, 2018.


a) part of a panhandle;

b) required as building setbacks from property lines;

c) required as building setbacks from watercourses, environmental values or geotechnical hazards as identified through a report prepared by a qualified individual; and

d) subject to a restrictive covenant that prohibits all use of the area subject to the covenant.lxxix “parcel coverage” means the total horizontal area of structures measured to the outside of the exterior walls of the buildings and structures on a lot including the horizontal areas of attached decks and porches, expressed as a percentage of the lot area, and for a structure with no defined exterior wall, measured to the drip line of the roof or, in the case of decks and porches, includes the horizontal flooring area;lxxx

Figure 4.1: Parcel Coverage Illustrationlxxxi

“parcel line, exterior side” means any parcel line common to a highway, other than a lane, which is not a front parcel line;

lxxix Amenement Bylaw No. 2773, 2017 – adopted January 4, 2018. lxxx Amenement Bylaw No. 2773, 2017 – adopted January 4, 2018. lxxxi Amenement Bylaw No. 2773, 2017 – adopted January 4, 2018.


“parcel line, front” means any parcel line that abuts a highway other than a lane, provided that, where a parcel abuts two highways (i.e. a corner lot), the shorter parcel line that abuts the highway is the front parcel line. Where a parcel is bisected by a highway, both parcel lines abutting the highway are considered to be front parcel lines; “parcel line, interior side” means a parcel line between two or more parcels other than the front, rear or exterior side parcel line; “parcel line, rear” means the boundary of a parcel which lies the most opposite to the front parcel line or the exterior side parcel line and, where the property has only three parcel lines, the rear is the junction of the two side parcel lines; “parcel width or depth” means the mean horizontal distance between the side parcel lines or front and rear parcel lines, respectively, of any parcel; “parks” means any publicly-owned, held or beneficially owned outdoor land or facility specifically designed for passive or active recreation including tot-lots, playgrounds, walkways, trails, band shells, greenbelts, buffers, nature interpretation areas, or similar land uses, including all uses permitted in Provincial Parks, and all natural and constructed landscaping, facilities, playing fields, buildings and structures consistent with the general purpose of public park land;lxxxii “personal services establishment” means a business or building where services intended for an individual are provided, and where any sale of retail goods is accessory to the provision of such services, including: hair cutting, beauty services, tanning, tattoo shop, shoe repair, medical and dental services, chiropractor services, acupuncture, naturopathy, physical therapy, massage therapy, counseling, veterinary establishment, tailoring, locksmithing and dry cleaning or laundries;lxxxiii “poultry” means domestic fowl and pigeons including any bird in captivity but excludes ratites; “principal use” means the main purpose for which a parcel, building or structure, as applicable, is used; “processed farm products” means farm products that have been transformed by biological or other means such as fermentation, cooking, butchering, canning, smoking or drying to increase their market value and convenience to the consumer, but does not include hot and cold food items sold for on-site consumption;lxxxiv “qualified environmental professional (QEP)” means an applied scientist or technologist, acting alone or together with another qualified environmental professional, if the individual is

lxxxii Amendment Bylaw No. 2710, 2017 – adopted June 15, 2017. lxxxiii Amenement Bylaw No. 2455.24, 2016 – adopted September 15, 2016; and Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018. lxxxiv Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017.


registered and in good standing in British Columbia with an appropriate professional organization constituted under an Act, acting under that association’s code of ethics and subject to disciplinary action by that association; the individual is acting within that individual’s area of expertise; the individual is a full member and is not in training, articling, retired, on leave or a student member. A technologist may only sign off for prescribed sections of riparian areas regulation assessments; “range grazing” means the feeding on grass or pasture of livestock;lxxxv “ratite” means a bird having small or rudimentary wings and no keel to the breastbone, includes ostriches, emus and rheas; “recreational vehicle” means a vehicle designed to be towed behind a motor vehicle or self-propelled, and includes such vehicles commonly known as travel trailers, camper trailers, pick-up coaches, motorized campers, motorized homes and other similar vehicles, which provide sleeping and other facilities for persons while traveling or holidaying; “recreational vehicle park” means a parcel of land occupied and maintained for temporary accommodation (maximum 180 days) of the travelling public or persons who are the owners of a strata recreational vehicle space within the recreational vehicle park. May include a laundry facility, washroom and shower facility, convenience store, office, storage area, and recreational facilities as part of the permitted use but does not include cabins, hotels, manufactured homes, manufactured home parks, or motels;lxxxvi “recreational vehicle space” means an area of land within a recreational vehicle park designed for the siting of one recreational vehicle and accessory buildings and structures;lxxxvii “refuse disposal site” means an area of land for the disposal of municipal solid waste, as permitted under the Waste Management Act (British Columbia)lxxxviii; “residential” means the occupancy or use of a dwelling unit for the permanent domicile of a person or persons; or the occasional or seasonal occupancy of a dwelling unit as a dwelling by an owner who has a permanent domicile elsewhere or by non-paying guests of such an owner. This use does not include vacation rental; “retail sales of farm and/or off-farm products” means retail activity which is an accessory use to a farm use and which may include the sale of goods produced on or off that farm as permitted in a given zone and which includes buildings and structures necessary for the sale and storage;lxxxix

lxxxv Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. lxxxvi Amenement Bylaw No. 2455.24, 2016 – adopted September 15, 2016. lxxxvii Amenement Bylaw No. 2455.24, 2016 – adopted September 15, 2016. lxxxviii Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015. lxxxix Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017.


“retail store, convenience” means a retail sales outlet for the sale of foodstuffs, periodicals, sundries, fresh fruit and vegetables, hygienic or cosmetic goods or plants to serve the residents of the surrounding community on a day to day basis, which may include a confectionery, delicatessen, meat market, bakery, automated banking machines, video sales and rental, and depots for film or postal services, and which has a maximum gross retail floor area including storage of 250 m2;xc “retail store, general” means premises where goods, merchandise, and other materials, and personal services, including those listed for convenience retail stores, are offered for sale at retail to the general public. Typical uses include but are not limited to grocery, clothing, shoe, hardware, pharmaceutical, appliance, and sporting goods stores. This use excludes warehouse sales and the sale of gasoline, heavy agricultural and industrial equipment or retail stores requiring outdoor storage;xci “retaining wall” means a structure or series of interdependent structures greater than 1.2 metres in height constructed to hold back, stabilize or support an earthen bank;xcii “retirement home” means a residence providing accommodation primarily for aged persons wherein each living unit has a private bedroom, a private washroom and separate entrance from a common hall but wherein common facilities for the preparation and consumption of food are provided, and where common lounges, recreation rooms and medical care facilities may also be provided; “salvage operation” means a place where old articles, waste or discarded material including but not limited to rubber tires, metal, plastics, plastic containers, glass, papers, sacks, wire, ropes, rags, machinery, cans, any other scrap or salvage including more than two derelict vehicles, are stored or kept, for private or commercial purposes;xciii “school bus” means a motor vehicle used to convey children to or from school; “screen” means a fence, wall or hedge used as an enclosure and a visual barrier about all or part of a parcel, broken only for driveways and walkways; “secondary use” means a use that is permitted only in conjunction with a designated principal use for each zone; “secondary suite” means a self-contained second dwelling unit located within a principal single detached dwelling accessory to the principal dwelling used or intended to be used as a residence, with self-contained sleeping, living, cooking and sanitary facilities and direct access to the open air without passage through any portion of the principal dwelling unit. A secondary

xc Amenement Bylaw No. 2455.24, 2016 – adopted September 15, 2016. xci Amenement Bylaw No. 2455.24, 2016 – adopted September 15, 2016. xcii Amenement Bylaw No. 2773, 2017 – adopted January 4, 2018. xciii Amenement Bylaw No. 2783, 2018 – adopted April 19, 2018.


suite does not include duplex housing, semi-detached housing, multiple-dwelling housing or boarding and rooming housingxciv; “self-storage” means a self-contained building or group of buildings containing lockers available for rent for the storage of personal goods or a facility used exclusively to store bulk goods of a non-hazardous nature;xcv “service industry establishment” means a business premises or building, where non-personal goods and services are provided, including: the repair or assembly of electronic devices, vehicles, trucks, boats or other machinery (including painting); tire sales and repair; household cleaning and repair; metal and woodworking; and plumbing and heating sales; storage and repair;xcvi “service station” means premises used principally for the retail sale of motor fuels, lubricating oils and motor vehicle accessories, retail sales by way of vending machines and the servicing of motor vehicles, excluding other retail sales, wholesale sales, or motor vehicle structural body repairs and painting; “setback” means the minimum permitted distance between a building or structure specified in this Bylaw and a specified parcel line; “setback, front” means the setback of a building from a front parcel line; “single detached dwelling” means a detached building used for residential use of one family and consisting of one dwelling unit and a secondary suite if permitted in the applicable zone. May include a “modular home” but does not include a “mobile home;xcvii “sleeping unit” means one or more habitable rooms used or intended to be used for sleeping or sleeping and living purposes, but does not include cooking facilities;xcviii “small livestock” means poultry, rabbit or other small animals similar in size and weight but does not include farmed fur bearing animals or roosters;xcix “soilless medium” means a material that is manufactured for the growing of plants and that may contain natural soils and/or organic compounds such as peat and bark; “solid screen” means a solid fence or wall used as an enclosure and a total visual barrier about all or part of a parcel and includes gates on all access points made of materials comparable to the fence or wall;

xciv Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015. xcv Amenement Bylaw No. 2783, 2018 – adopted April 19, 2018. xcvi Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015; and Amenement Bylaw No. 2783, 2018 – adopted April 19, 2018. xcvii Amenement Bylaw No. 2743, 2016 – adopted September 15, 2016. xcviii Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018. xcix Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017.


“standard dykes” means those dykes built to a minimum crest elevation equal to the flood construction level, which meet standards of design and construction approved by the Province, and which are maintained by an ongoing authority such as a local government body; “stockyard” means a building or enclosure with pens or sheds for housing, buying, selling and auctioning livestock; “storage and warehouse” means the storage and distribution of goods, wares, merchandise, substances, articles or things, whether or not the storage is contained in separately occupied, secured storage areas or lockers;c “structure” means any construction fixed to, supported by or sunk into land or water, and includes swimming pools, retaining walls and manufactured home spaces, but specifically excludes fences under 2.0 metres in height, landscaping, paving and signs unless otherwise noted in this bylaw;ci “top of ravine bank” means the first significant break in a ravine slope where the break occurs such that the grade beyond the break is flatter than 3:1 for a minimum distance of 15 metres measured perpendicularly from the break, and the break does not include a bench within the ravine that may be developed under applicable enactments; “top of bank” means the point at which the upward ground level becomes less than one (1) vertical to four (4) horizontal, and refers to the crest of the bank or bluff where the slope clearly changes into the natural upland bench; or as designated by the Province; “tourist accommodation” means a building or buildings providing temporary accommodation for the travelling public, such as tourist cabins, lodges, motels, hotels, inns, or hostels, which may include common public facilities, such as an eating and drinking establishment, gift shop; personal services, or spa; but shall not include recreational vehicles, park model trailers or mobile homes;cii “tourist cabin” means the use of land for a detached building containing a maximum of one sleeping unit used exclusively for tourist accommodation for the temporary accommodation of the traveling public, and may include washroom facilities;ciii “under-building parking” means parking contained on the first storey of the building it serves, or underground, where the entire level is devoted to parking, circulation, and accessory utilities and accessory storage;civ

c Amenement Bylaw No. 2783, 2018 – adopted April 19, 2018. ci Amenement Bylaw No. 2773, 2017 – adopted January 4, 2018. cii Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018. ciii Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018; civ Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017.


“utility use” means facilities for broadcast transmission and the distribution and collection of electrical, telephone, T.V. cable, natural gas, sewer, water and transportation services established by a government or company servicing the general public, and does not include oil or gas storage tanks; power sub-stations; sewage treatment plants; offices; or public storage or maintenance and works yards; “vacation rental” means the use of a residential dwelling unit for the temporary commercial accommodation of paying guests for a period of less than one month. This use does not inlcude bed and breakfast; cv “vehicle sales and rentals” means premises used for the sale, lease or hire of new or used vehicles, which may include accessory: incidental maintenance services, storage, fueling, washing and sales of parts but excludes automobile body repair. For the purposes of this definition a “vehicle” includes automobiles, recreational vehicles (RV’s), boats, all-terrain vehicles (ATV’s), and motorcycles;cvi “veterinary establishment” means a use conducted for the care, treatment, or hospitalization of animals, birds and fish and may include grooming facilities and sales of accessory supplies, but does not include the keeping or boarding of animals not under the care, treatment or hospitalisation;cvii “watercourse” includes any of the following that provides fish habitat: a watercourse, whether it usually contains water or not; a pond, lake, river, creek or brook, and; a ditch, spring or wetland that is connected by surface flow to a watercourse; “wet bar” means an area within a dwelling unit, other than a cooking facility, used for the preparation of beverages. A wet bar includes one single sink, one compact refrigerator, freezer or ice maker and no more than 1.5 metres of counter and lower cabinet space. No natural gas or 220-volt connections are permitted in the same room as a wet bar, and a wet bar is not permitted in an accessory building or structure;cviii “winery” means an establishment involved in the manufacture, packaging, storing and sales of grape and fruit-based wines, including a wine bar, food & beverage lounge and an eating and drinking establishment;cix “wholesale business” means an establishment acting as agents or brokers and buying merchandise for, or selling merchandise to retail users, industrial users, commercial users, institutional users or wholesale users;cx

cv Amendment Bylaw No. 2594, 2012 – adopted March 21, 2013. cvi Amenement Bylaw No. 2783, 2018 – adopted April 19, 2018. cvii Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. cviii Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018. cix Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. cx Amenement Bylaw No. 2783, 2018 – adopted April 19, 2018.


“W.S.C.” means Water Survey of Canada.


5.0 CREATION OF ZONEScxi

5.1 Zoning Districts

For the purposes of this Bylaw, the area of the Regional District subject to this Bylaw is hereby divided into zoning districts with the following zone designations and their abbreviations.

The headings below create categories of zones and represent all the zones under that heading.

ZONING TITLE ABBREVIATION

Rural Zonescxii

Resource Area Zone RA

Agriculture One Zone AG1

Agriculture Three Zone AG3

Large Holdings One Zone LH1

Large Holdings Two Zone LH2

Small Holdings Two Zone SH2

Small Holdings Three Zone SH3

Small Holdings Four Zone SH4

Small Holdings Five Zone SH5

Low Density Residential Zones

Residential Single Family One Zone RS1

Residential Single Family Two Zone RS2

Residential Two Family (Duplex) Zone RS3

Residential Manufactured Home Park Zone RSM1

Medium Density Residential Zones

Residential Multiple Family Zone RM1

Town Centre Zonescxiii

Okanagan Falls Town Centre Zone OFTC

cxi Amenement Bylaw No. 2773, 2017 – adopted January 4, 2018. cxii Amenement Bylaw No. 2455.30, 2018 – adopted April 19, 2018; and Amenement Bylaw No. 2797, 2018 – adopted July 5, 2018. cxiii Amenement Bylaw No. 2455.39, 2018 – adopted February 7, 2019.


Commercial Zonescxiv

General Commercial Zone C1

Okanagan Falls Town Centre Transition Zone C4cxv

Recreational Vehicle Park Zone C7

Service Commercial Zone CS1

Tourist Commercial Zonescxvi

Tourist Commercial Zone CT1

Campground Commercial Zone CT2

Penticton Speedway Zone CT5

Industrial Zones

Industrial (Light) One Zone I1

Industrial (Heavy) Two Zone I2

Industrial (Specialised) Three Zone I3

Industrial (Mixed) Four Zone I4

Community Waste Management Zone I5

Administrative and Open Space Zones

Administrative and Institutional Zone AI

Parks and Recreation Zone PR

Conservation Area Zone CA

Comprehensive Development Zones

Comprehensive Development Zone CD 5.2 Definition of Zones:

.1 The area of each zone is defined by Schedule ‘2’.

.2 Where a zone boundary is shown on Schedule ‘2’ as following a road allowance or a watercourse, the centre line of the road allowance or watercourse shall be the zone boundary.

cxiv Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018. cxv Amenement Bylaw No. 2455.39, 2018 – adopted February 7, 2019. cxvi Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018; and amendment Bylaw No. 2808, 2018 – adopted October 18, 2018.


5.3 Interpretation:

Except as expressly provided in this Bylaw, all headings, italicized clauses and other references forming part of this Bylaw must be construed as being inserted for convenience and reference only.

5.4 Permitted Uses:

In respect of each zone created under Section 5.1 of this Bylaw:

.1 the only uses permitted are those listed in respect of each zone under the heading “Permitted Uses” in Section 10.0 to 17.0 of this Bylaw;

.2 uses not listed in respect of a particular zone are prohibited;

.3 the headings in respect of each zone are part of this Bylaw. 5.5 Conditions of Use:

On a particular parcel in a specified zone created under this Bylaw, the maximum permitted parcel coverage, height and density and the minimum required setbacks are set out in respect of each specified zone in the provisions found in Sections 10.0 to 17.0 of this Bylaw.

5.6 Comprehensive Development Zones:

A Comprehensive Development (CD) Zone shall only be created where a proposed development is of a scale, character, or complexity requiring comprehensive planning and implementation that, in the opinion of the Regional District Board, is of a unique form or nature not contemplated or reasonably regulated by another zone.


6.0 SUBDIVISION REGULATIONScxvii 6.1 Minimum Parcel Size Exceptions for Subdivision:

Minimum parcel size for subdivision requirements of this Bylaw do not apply to:

.1 the consolidation of existing parcels or the addition of closed streets to an existing parcel;

a) no additional parcels are created upon completion of the alteration;

b) the altered lot line does not infringe on the required setbacks for an existing building or structure located on a parcel;

c) the alteration does not reduce the area of the parcels involved to a size less than that of the smallest parcel that existed prior to the alteration.

.2 the alteration of lot lines between two or more parcels where:

.3 No existing parcel that meets the present minimum parcel size requirements of this Bylaw must, upon completion of a parcel line alteration, have a parcel size less than that required within the respective zone.

6.2 Minimum Parcel Width for Subdivision Exceptions:

.1 Despite the minimum parcel width for subdivision provisions of this Bylaw, a panhandle lot may be permitted provided that:

a) the minimum parcel width of the panhandle is 6.0 metres and the maximum width shall not exceed 20.0 metres;

b) the panhandle must not be calculated as part of the parcel area for the purpose of subdivision; and

c) no more than two (2) panhandles abut each other. 6.3 Minimum Parcel Size Requirements for Bare Land Strata Subdivisions:

.1 The minimum average parcel size is equal to the minimum parcel size for the designated zoning.

6.4 Minimum Useable Parcel Area

.1 The minimum useable parcel area of each parcel shall be 200 m2. 6.5 Hooked Parcels:

.1 A hooked parcel may be created where each portion satisfies the minimum parcel area requirements of the applicable zone.

cxvii Amenement Bylaw No. 2773, 2017 – adopted January 4, 2018.


7.0 GENERAL REGULATIONS 7.1 Applicability

Except as otherwise specified in this Bylaw, Sections 7.2 to 9.5, apply to all zones established under this Bylaw.

7.2 Principal Building

No building for residential use is to be located on the same parcel as any other building for residential or non-residential use, except as otherwise provided for in this Bylaw.

7.3 Uses Permitted in Every Zone

The following uses are permitted in every zone and are not subject to the minimum parcel area of any zone:

.1 Government controlled, held or sanctioned parks, playfields and playgrounds open to the public,

.2 utility uses,

.3 roads and lanes,

.4 conservation areas,

.5 fire halls, police stations, ambulance service uses, and similar emergency services,

.6 facilities permitted by provincial enactment for:

a) day care for no more than eight (8) persons, or

b) residence for no more than ten (10) persons, not more than six (6) of whom are persons in care.

.7 Provincial, municipal, and regional improvement district works for flood control.

7.4 Prohibited Uses of Land, Buildings and Structures

.1 The use of land in contravention of the terms or conditions of a Temporary Use Permit that has been issued under Division 8 of Part 14 of the Local Government Act is prohibited.cxviii

.2 The use of a tent or recreational vehicle as a permanent residence is prohibited in all zones.cxix

cxviii Amendment Bylaw No. 2595, 2013 – adopted March 20, 2014; and Amenement Bylaw No. 2831, 2018 – adopted December 6, 2018. cxix Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015.


.3 The wrecking, salvage or storage of more than two derelict vehicles or the use of land as a salvage operation is prohibited in all zones except the I2 Zone.cxx

.4 The use of land as an “asphalt plant” is prohibited in all zones.cxxi

.5 “cannabis production, indoor”, except as expressly permitted elsewhere in this Bylaw, or as a designated farm use under Section 8 of the Agricultural Land Reserve Use Regulation, on lands designated as Agricultural Land Reserve.

For the purposes of “cannabis production, indoor”, a structure that has a base consisting entirely of soil is a structure that shall not have concrete construction, hardsurfacing or similar impermeable forms of construction sunk into, at or below the natural elevation of a site, except:

a) a building or structure supported by a system of columns or posts, where:

i) each supporting column or post has a minimum radius of 3.0 metres to the next adjacent column or post; and

ii) the maximum footprint area for each concrete footing associated with each column or post is 0.5 m2.cxxii

7.5 deleted.cxxiii

7.6 deleted.cxxiv

7.7 Projectionscxxv

.1 No features shall project into a setback required by this Bylaw except the following minor projections on buildings:

a) Gutters, eaves, sunshades, cornices, belt courses and sills may project into required setbacks to a maximum of 0.6 metres measured horizontally;

b) Unenclosed access ramps for physically disabled persons may project fully into required setbacks;

c) In Residential zones the following features may project into the required setbacks:

i) chimneys, bay windows or other architectural projections which do not comprise more than 25% of the total length of a wall and do not project more than 0.6 metres measured horizontally; and

cxx Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015. cxxi Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015. cxxii Amenement Bylaw No. 2849, 2019 – adopted December 5, 2019. cxxiii Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. cxxiv Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. cxxv Amenement Bylaw No. 2773, 2017 – adopted January 4, 2018.


ii) unenclosed stairwells, balconies, porches, uncovered decks or canopies, may project no more than:

.1 1.5 metres, measured horizontally, into the front setback; or

.2 2.0 metres, measured horizontally, into the rear setback.

d) In no case shall a projection cross a parcel line.

.2 No features shall extend beyond a height limit required by this Bylaw except the following minor projections on buildings:

a) antennas, belfries, chimney stacks, church spires, clearance markers, elevator shafts, flagpoles, monuments, rooftop mechanical equipment, ventilation machinery and water tanks.

7.8 Fence Heightscxxvi

The height of a fence shall be determined by measurement from the ground level, at the place on which the fence is to be located, to the top of the fence.

.1 No fence shall exceed 1.8 metres in height to the rear of a front setback and 1.2 metres in height in the front setback except:

a) in the Rural zones all fences may be up to 1.8 metres in height, and in the Industrial zones all fences may be up to 2.4 metres in height;

b) in Commercial zones abutting or across a highway from the AG1, AG2 and AG3 zones all fences may be up to 2.0 metres in height;

c) on a corner parcel contiguous to a highway intersection, no fence, hedge or other vegetation is permitted at a greater height than 1.0 metre above the established elevation of the centre point of intersecting highways, at or within a distance of 4.5 metres from the corner of the parcel at the intersection of the highway;

Figure 7.8 – Sight Triangle

cxxvi Amenement Bylaw No. 2773, 2017 – adopted January 4, 2018.


d) in the case of a fence constructed on top of a retaining wall, the combined height

of the fence and the retaining wall at the parcel line or within 1.2 metres of the parcel line shall not exceed 1.8 metres in height, as measured from the finished grade of the abutting higher parcel;

e) deer fences shall not be limited in height, provided such fences are constructed of material that permits visibility, such as wire mesh; and

f) fences for ball parks and tennis courts shall not be limited in height, provided such fences are constructed of materials that permit visibility, such as wire mesh.

.2 The use of barbed wire for fencing is prohibited within all Residential and Commercial zones as well as the AI Zone.

.3 The use of razor wire for fencing is prohibited within all zones.

7.9 Screening and Landscapingcxxvii

1. Screening or landscape buffers are required for all Commercial and Industrial zoned parcels adjacent to a Residential zone.

2. Screening and landscaping buffers shall be provided and maintained by an owner of a parcel at the owner’s sole cost in accordance with the following regulations:

a) Where it is proposed to install screening, this shall be to a height of not less than 1.8 metres.

b) Where it is proposed to install landscape buffers, these shall:

i) be a minimum of 1.5 metres in width;

ii) include a screen a minimum of 2.0 metres in height comprised of at least:

.1 three shrubs or trees capable of attaining a height of 4.0 metres or more;

cxxvii Amenement Bylaw No. 2455.30, 2018 – adopted April 19, 2018.


.2 planted at least every 5.0 metres, and

.3 interrupted only for walkways or driveways.

iii) be continuous along the affected property boundaries, interrupted only by walkways and driveways providing access to the property; and

iv) on a corner parcel contiguous to a highway intersection, no hedge or other vegetation is permitted at a greater height than 1.0 metre above the established elevation of the centre point of intersecting highways, at or within a distance of 4.5 metres from the corner of the parcel at the intersection of the highway.

7.10 Exterior Lighting

.1 Exterior floodlighting or spotlighting shall be deflected away from adjacent properties, as well as deflected away from the road to prevent glare for the traveling public.

7.11 Accessory Dwellingscxxviii

The following regulations apply to accessory dwellings and mobile homes where permitted as an accessory use in this Bylaw:

.1 No accessory dwellings or mobile homes shall have a floor area greater than 70.0 m2, except for accessory dwellings or mobile homes located in the Agriculture, Commercial and Industrial zones.

.2 Accessory dwellings or mobile homes shall not exceed one storey and a maximum height of 5.0 metres, except for accessory dwellings or mobile homes located in the Agriculture, Commercial and Industrial zones.

.3 An accessory dwelling cannot be subdivided under the Strata Property Act.

.4 Accessory dwellings or mobile homes shall not be permitted on parcels less than 1.0 ha in area unless connected to a community sanitary sewer system, except for accessory dwellings located in the Commercial and Industrial Zones.

.5 In the Commercial and Industrial zones, accessory dwellings shall:

i) be located at the rear of a building on the ground floor, or above the first storey; and

ii) have separate entrances from the exterior of the building and shall not share a common hallway with commercial or industrial uses.

7.12 Secondary Suitescxxix

The following regulations apply to secondary suites where permitted as a use in this Bylaw: cxxviii Amendment Bylaw No. 2743, 2016 – adopted September 15, 2016; and Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. cxxix Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015.


.1 A secondary suite shall be located in one (1) principal single detached dwelling unit. Secondary suites are not permitted in an accessory dwelling or structure.

.2 No more than one (1) secondary suite is permitted per principal single detached dwelling unit.

.3 The maximum floor area of a secondary suite shall not exceed the lesser of 90 m2 or 40% of the gross floor area of the principal single detached dwelling.

.4 Secondary suites are not permitted on parcels less than 2,000 m2 in area unless connected to a community sewer system.

.5 Secondary suites exceeding the originally constructed number of bedrooms, bathrooms, and kitchens in a principal single detached dwelling must meet the relevant Provincial regulations for septic and water capacity.

.6 One (1) parking space per secondary suite is required in addition to those required for the principal single detached dwelling.

7.13 Accessory Buildings and Structurescxxx

.1 All buildings or structures attached to a principal building by a common wall and roof are deemed to be a portion of the principal building.

.2 When not attached, no part of any building shall be closer than 1.0 metre to another building.

.3 No accessory building or structure shall contain showers and bathtubs, bedrooms, sleeping facilities or other living facilities, with the exception of an accessory building or structure in the RA, AG1, AG3, LH1 and LH2 Zones where one (1) shower is permitted.cxxxi

.4 The maximum number of bathrooms permitted in an accessory building or structure shall be one (1) and shall not exceed a maximum floor area of 3.0 m2, with the exception of an accessory building or structure in the RA, AG1, AG3, LH1 and LH2 Zones where the maximum floor area of a bathroom may be 6.0 m2.cxxxii

.5 No accessory building or structure shall be situated on a parcel unless:

a) a principal building has already been erected on the same lot;

b) a principal building will be erected simultaneously with the accessory building or structure on the same lot; or

c) the accessory building or structure does not exceed 10.0 m² in area, one storey in building height, and is limited to one (1) per parcel.

cxxx Amendment Bylaw No. 2730, 2016 – adopted June 2, 2016. cxxxi Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017; and Amenement Bylaw No. 2455.30, 2018 – adopted April 19, 2018. cxxxii Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017; and Amenement Bylaw No. 2455.30, 2018 – adopted April 19, 2018.


7.14 Accessory Temporary Buildings, Mobile Buildings, Recreational Vehicles

.1 A temporary residential building or structure is permitted on a parcel provided that: it is incidental to the construction of a principal residential dwelling; it meets the siting regulations of the zone in which it is located; and it is removed within thirty (30) days of the completion of the construction of the principal residence.

.2 An existing dwelling unit may be maintained and occupied, and a second dwelling unit may hereby be constructed on the same parcel, subject to the following:

a) the new single detached dwelling must have a valid building permit;

b) the owner of the parcel must first grant and register a restrictive covenant to the Regional District, stating that the original (existing) single detached dwelling must be demolished and removed, made uninhabitable or moved from the parcel within ninety (90) days of receiving final inspection for the new single detached dwelling; or within a time limit stated in the restrictive covenant, whichever time comes first.

.3 Only recreational vehicles belonging to the owner or occupier of the principal single detached dwelling unit on a parcel may be stored on the same parcel.

.4 Despite Section 7.14.3 above, one (1) recreational vehicle belonging to a guest or visitor may be located on the same parcel containing a permitted single detached dwelling. Such recreational vehicles shall only be used for the temporary accommodation of the guest or visitor for a period not exceeding a total of ninety (90) days in any one (1) calendar year.

7.15 Cluster Development

.1 In considering residential developments, the Regional board may consider the clustering of housing on smaller portions of the overall site so that the property can be preserved as open space for conservation purposes or amenity space. Cluster forms of development shall not increase the overall density of development that is permitted under the applicable zone. The Regional board supports cluster development provided that:

a) the total area of the land to be subdivided, divided by the number of parcels to be created is not greater than the equivalent conventional development permitted under this Bylaw;

b) the parcel configurations and sizes are adequate to accommodate buildings and structures appropriate to the intended use;

c) the minimum parcel size required for any cluster development is 4 ha;

d) the maximum parcel size within the cluster development area shall not exceed 25% of the parcel area;


e) the development conforms to the minimum servicing requirements contained in the RDOS servicing bylaw.

.2 To determine the number of units allowed for cluster development, the following procedure should generally be used:

a) divide the remaining land by the minimum parcel size to determine the total number of units.

Alternatively, a conventional subdivision proposal can be brought to the preliminary layout approval stage with the number of units permitted under the applicable zone established at preliminary layout to determine the number of units permitted under a cluster development proposal.

.3 Where a cluster development subdivision is created by means of density averaging, it will be necessary for a restrictive covenant to be registered in the name of the Regional District against the title of the land at the time of registration of the subdivision to prohibit further subdivision from the original parcel under covenant. Where a development contains more than one phase, the developer will be required to submit a phasing plan to both the Regional District and the Regional Subdivision Approving Authority to outline the sequence and continuity of future phases.

.4 Where additional conservation measures or provision of amenities are included in the cluster development proposal, the Manager of Development Services may recommend to the Regional board that a comprehensive development zoning bylaw be considered.

7.16 deleted.cxxxiii

7.17 Home Occupationscxxxiv

The following regulations apply to home occupation uses where permitted as a use in this Bylaw:

.1 A home occupation shall not occupy more than 50% of the floor area of a principal dwelling unit or accessory building to a maximum of 50.0 m2.

.2 A home occupation shall be carried out within the principal dwelling unit, or in an accessory building where permitted in the particular zone, with no external storage of materials, containers or finished products.

.3 No retail sales shall be permitted in a home occupation, except for:

a) goods produced or made on the premises;

b) telephone or internet sales or sales where the customer does not enter the premises;

cxxxiii Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018. cxxxiv Amenement Bylaw No. 2849, 2019 – adopted December 5, 2019.


c) mail order sales;

d) direct distributors where customers do not enter the premises; and

e) sale of products directly related to the home occupation.

.4 No vehicle exceeding 1,000 kg in vehicle weight and associated with or used in the conduct of a home occupation shall be parked or otherwise located outside of an unenclosed building.

.5 Only persons residing in the principal dwelling unit may carry on the home occupation located on the parcel occupied by the principal dwelling unit.

.6 One (1) vehicle parking space is required in addition to those required for the principal single detached dwelling.

.7 A home occupation shall not involve:

a) material or products that produce inflammable or explosive vapours or gases under ordinary temperatures;

b) the outdoor storage of materials, vehicles and equipment associated with a contractor, trade or mobile service;

c) the boarding, breeding and keeping of animals;

d) cannabis production, indoor and outdoor;

e) the salvage or repair of motor vehicles, boats, or other machinery as a commercial venture; and

f) the assembly of more than four (4) persons for any artistic, educational, religious, therapeutic or similar activity.

7.18 Home Industriescxxxv

The following regulations apply to home industry uses where permitted as a use in this Bylaw:

.1 No home industry shall be permitted on a parcel less than 2.0 hectares in size.

.2 The maximum floor area utilized for a home industry, including the indoor or outdoor storage of materials, commodities or finished products associated with the home industry shall not exceed 200.0 m2.

.3 A home industry shall be conducted within an enclosed building or structure.

.4 No retail sales of products other than the sale of goods produced, grown or assembled on the parcel shall be permitted.

cxxxv Amenement Bylaw No. 2849, 2019 – adopted December 5, 2019.


.5 Only persons residing in the principal dwelling unit may carry on the home industry located on the parcel, and up to two (2) non-resident employees may be on the parcel.

.6 A home industry shall not be located on a parcel unless a principal dwelling unit already exists or is being constructed simultaneously, on the same parcel.

.7 One (1) vehicle parking space per each non-resident employee of a home industry use is required in addition to those required for the principal dwelling unit.

.8 A home industry shall not involve:

a) wrecking, salvage or storage of derelict vehicles and equipment;

b) salvage or storage of used building or domestic products and similar discarded materials;

c) manufacture of concrete products;

d) bulk fuel or chemical storage or refining depots;

e) cannabis production, indoor and outdoor;

f) animal or agriculture products processing; and

g) the production of animal feeds.

7.19 Bed and Breakfast Operation

A bed and breakfast operation is permitted, where listed as a permitted use, provided that:

1. it is located within one principal dwelling unit on the parcel;

2. no more than eight (8) patrons shall be accommodated within the dwelling unit;

3. no more than four (4) bedrooms shall be used for the bed and breakfast operation;

4. no cooking facilities shall be provided for within the bedrooms intended for the bed and breakfast operation;

5. no patron shall stay at the bed and breakfast operation for more than thirty (30) consecutive days with 30 days in between any subsequent stay;

6. no retail sales other than the sale of goods produced on the parcel are permitted;

7. no commercial vehicle, exceeding 1 tonne in weight, associated with or used in the conduct of the bed and breakfast operation shall be parked or otherwise located outside an unenclosed building;

8. only persons residing in the principal dwelling unit may carry on the bed and breakfast operation on the parcel occupied by the principal dwelling unit, and must be present on the property during a patron’s stay; and


9. the bed and breakfast operation shall not generate traffic congestion or parking demands within the District and shall not produce a public offence or nuisance of any kind.

7.20 Signs

.1 These regulations apply to every sign on a parcel. Signs are permitted only for the following purposes:

a) to denote a home occupation, home industry, or bed and breakfast operation use on the property on which the sign is located; cxxxvi

b) to denote the name of the owner or the name or address of the parcel;

c) to advertise the sale or rental of the parcel or of a building located on the parcel on which the sign is located;

d) to advertise the sale of agricultural produce, livestock or product grown, raised or produced on the farm;

e) to denote a public utility use or company on the property on which the sign is located;

f) to denote a church use or community hall use or building on the property on which the sign is located;

g) to advertise or denote a commercial or administrative and institutional use on the property on which the sign is located.

h) to promote or advertise a political party or candidate from the date of the election call to five days after election day;

.2 Signs permitted under Section 7.20.1 a) and b) are limited to one per parcel and must not exceed a total sign area of 0.6 m2.

.3 Signs permitted under Section 7.20.1 c) and d) are limited to one per parcel and must not exceed a total sign area of 3.0 m2 nor a height of 3.0 metres.

.4 Signs permitted under Section 7.20.1 f) are limited to either one free-standing sign or one (1) fascia sign. No sign must exceed a total sign area of 7.5 m2 nor a height of 4.0 metres.

.5 Signs permitted under Section 7.20.1 e) and g) are limited to one fascia sign and one free-standing sign. No sign must exceed a total sign area of 23 m2 or a height of 6.5 metres, except in the I1 and I4 Zones where the maximum height of a free-standing sign shall not exceed 12.0 metres.cxxxvii

.6 Subject to Section 7.20.1, no part of any sign must be located within 1.0 metre of any parcel line.

cxxxvi Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011; and Amendment Bylaw No. 2594, 2012 – adopted March 21, 2013. cxxxvii Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015.


.7 All illuminated signs must be illuminated from a source internal to the sign. Illuminated signs are permitted only within the Commercial and Industrial zones.

7.21 Setbacks for Strata Subdivisions

The setback provisions of this Bylaw apply only to the parcel lines on the perimeter of the parcel, and not to internal parcel lines for strata lots under a registered plan pursuant to Provincial regulations.

Except for setbacks that may be more stringent for strata subdivisions provided elsewhere in this Bylaw, and despite the above, detached or semi-detached residential buildings, manufactured homes, accessory buildings and structures located within a bare land strata subdivision must be located no closer than:

.1 4.5 metres from an internal roadway, service building, service area and amenity area;

.2 1.5 metres from an interior side strata lot line, except for the property line on a common wall;

.3 4.5 metres from a front strata lot line;

.4 1.5 metres from a rear strata lot line.

7.22 deleted.cxxxviii

7.23 Keeping of Livestock and Honeybeescxxxix

In this Bylaw, where “single detached dwelling” is a permitted use the following regulations apply:

1. the number of livestock, small livestock and honeybee hives permitted per parcel shall be as follows:

PARCEL AREA MAXIMUM NUMBER OF LIVESTOCK

MAXIMUM NUMBER OF SMALL LIVESTOCK

MAXIMUM NUMBER OF HONEYBEE HIVES

Less than 625 m2 0 0 0

625 m2 to 2,500 m2 0 5 2

2,500 m2 to 0.4 ha 0 25 Not applicable

0.4 ha to 1.0 ha 2 50 Not applicable



cxxxviii Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. cxxxix Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017.


2. On parcels 2,500 m2 or greater in area, keeping of honeybees shall be unlimited, and on parcels 2.0 ha or greater in area, keeping of livestock and small livestock shall be unlimited.

3. Products derived from the keeping of livestock and honeybees may be sold in accordance with Section 7.17 (Home Occupation) or Section 7.18 (Home Industry) of this bylaw, in addition to any applicable provincial regulations.

4. Honeybee hives must be located in accordance with the following:

a) to the rear of the principal dwelling unit; and

b) 7.5 metres from any parcel line, unless the underside of the hive is situated:

i) greater than 2.5 metres above the adjacent ground level, in which case the setback from any parcel line shall be 2.0 metres; or

ii) less than 2.5 meters above the adjacent ground level, in which case the setback from any parcel line shall be 2.0 metres provided the beehive is situated behind a solid fence or hedge more than 2.0 metres in height running parallel to any property line and extending at least 6.0 metres beyond the hive in both directions.

7.24 Provisions for Retail Sales of Farm and/or Off-Farm Productscxl

.1 Where “retail sales of farm and off-farm products” is permitted in a zone, farm products, processed farm products, and off-farm products may be sold to the public subject to the following regulations:

a) the area used for retail sales of off-farm products shall not exceed ⅓ of the total area used for all retail sales on the parcel;

b) where off-farm products are offered for sale, farm products and/or processed farm products shall also be offered for sale; and

c) the retail sales area for farm products and off-farm products shall not exceed 300 m2.

.2 For the purpose of calculating the area used for retail sales in a building or structure, the following shall be included:

a) aisles and other areas of circulation;

b) shelf and display space;

c) counter space for packaging and taking payment; and

d) any area used for the service and consumption of hot and cold food items.

Any office area, wholesale storage area, processing facility or parking area or driveway, whether used for retail sale or not, shall be excluded.

cxl Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017.


7.25 Kennel Facilitiescxli

A kennel is permitted where listed as a permitted use, provided that:

1. No kennel shall be permitted on a parcel less than 4.0 hectares in size; and

2. All buildings, structures and areas utilized in association with a kennel shall be sited a minimum of 30.0 metres from all parcel lines.

7.26 Agri-Tourism Accommodationcxlii

The following regulations apply to agri-tourism accommodation where permitted as a use in this Bylaw:

1. Agri-tourism accommodation is permitted only on a parcel if all or part of the parcel is classified as a “farm” under the Assessment Act.

2. Agri-tourism accommodation shall be for short term use by a person up to a maximum stay of 30 consecutive days with 30 days in between any subsequent stay.

3. The number of agri-tourism accommodation sleeping units permitted parcel shall be as follows:

PARCEL AREA MAXIMUM NUMBER AGRI-TOURISM ACCOMMODATION SLEEPING UNITS

Less than 4.0 ha 0

4.0 ha to 8.0 ha 5

Greater than 8.0 ha 10

4. All agri-tourism accommodation sleeping units shall be contained under one roof.

5. No agri-tourism accommodation sleeping unit shall have an area of greater than 30.0 m2. A washroom is not included as part of the area of the agri-tourism accommodation sleeping unit.

6. No cooking facilities shall be provided for within individual agri-tourism accommodation sleeping units.

7. One (1) parking space per agri-tourism accommodation sleeping unit is required in addition to parking required for the principal single detached dwelling.

7.27 Retaining Wallscxliii

1. the height of a retaining wall shall be determined by measurement from the lowest finished grade at the base of the retaining wall to the top of any part of the retaining wall.

cxli Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. cxlii Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. cxliii Amenement Bylaw No. 2773, 2017 – adopted January 4, 2018.


2. the minimum horizontal separation between individual retaining walls on the same parcel, as measured from the outer face of each retaining wall, must not be less than the height of the lowest retaining wall.

3. retaining walls constructed closer than the height of the lowest retaining wall will collectively be considered a single retaining wall for the purposes of determining the height of a retaining wall.

4. no retaining wall shall exceed 2.0 metres in height except:

a) in a required setback for a front, side or rear parcel line no retaining wall shall exceed 1.2 metres in height; and

b) on a corner site contiguous to a highway intersection, no retaining wall is permitted within a distance of 4.5 metres from the corner of the site at the intersection of the streets.

5. despite sub-section 7.27.4(a), a retaining wall in a required setback for a front, side or rear parcel line may be 2.0 metres in height where the finished grade of the subject parcel at the base of the retaining wall is lower than the finished grade of the abutting parcel or highway.

6. despite sub-section 7.27.4(b), a retaining wall is permitted within 4.5 metres of a corner site contiguous to a highway intersection where the finished grade of the subject parcel at the base of the retaining wall is lower than the finished grade of the abutting highway, and provided no part of the retaining wall extends above the finished grade of the abutting highway.

Figure 7.27.4: Retaining Wall Illustration


Figure 7.27.5: Retaining Wall in a Setback Illustration


8.0 FLOODPLAIN REGULATIONS 8.1 Floodplain Designation

Land lower than the following flood construction level is designated as floodplain:

.1 The 200 year frequency flood construction levels applying to the Okanagan River and the Okanagan River Channel, as designated on floodplain mapping by the Province most recently prior to the adoption of this Bylaw.

.2 1.5 m above the natural boundary of any watercourse, with the exception of those listed in Section 8.1.3 and 8.1.4 below.

.3 Skaha Lake: 339.24 metres Geodetic Survey of Canada datum

.4 Vaseux Lake: 329.49 metres Geodetic Survey of Canada datum

8.2 Siting Buildings and Structures in Floodplains

Despite any other provisions of this Bylaw, no building or structure shall be located within:

.1 7.5 metres of the natural boundary of a lake, swamp or pond, or of the upper control level of a water storage reservoir;

.2 30.0 metres of the natural boundary of the Okanagan River where there is no channel constructed;

.3 7.5 metres of the right of way boundary of the Okanagan River where a channel is constructed;

.4 15.0 metres of the natural boundary of any other watercourse including Shuttleworth Creek and Ellis Creek.

8.3 Floodplain Management Regulations .1 No person must place any structural support for a habitable area or fill on land

designated as a Floodplain Setback Area under Section 8.2;

.2 No person must construct, reconstruct, move or extend a floor system or pad which supports a habitable area, such that the underside of the wooden floor system or the top of the pad or the ground surface on which it is located, is lower than the flood construction levels specified in Section 8.1 except as provided in Sections 8.3.3 and 8.3.4;

.3 Despite Section 8.3.2, the following floodplain management regulations apply:

a) For Farm Dwelling Units:

Farm dwelling units must be located with the underside of a wooden floor system, or the top of the Pad of any Habitable Area, or the ground surface on which it is located, no lower than 1.0 metre above the Natural Ground Elevation taken at any


point on the perimeter of the building, or no lower than the Flood Construction Levels specified in section 8.1, whichever is greater.

b) For Agricultural Storage and Closed-Sided Livestock Housing Units:

Buildings for storage of agricultural fuel, fertilizer and chemicals and closed-sided livestock housing that are not behind Standard Dykes must be located with the underside of a wooden floor system, or the top of the Pad of any Habitable Area, or the ground surface on which it is located, no lower than 1.0 metre above the Natural Ground Elevation, taken at any point on the perimeter of the building, or no lower than the Flood Construction Levels specified in section 8.1, whichever is less.

c) Industrial Development:

Industrial development, other than main electrical switchgear, must be located with the underside of any wooden floor system or the top of any Pad of any Habitable Area or the ground surface on which it is located not lower than the Flood Construction Levels specified in section 8.1 minus Freeboard. Main electrical switchgear must be no lower than the Flood Construction Level.

.4 The floodplain management regulations specified in Section 8.3.3 may be achieved by structural elevation of the habitable area, or by placing adequately compacted fill on which any habitable area is to be constructed or located, or by a combination of both structural elevation and fill.

.5 Where fill is used to meet the floodplain management regulations specified in Sections 8.3.2 and 8.3.3, the face of the fill slope must be adequately protected against erosion from flood flows, wave action, ice and other debris hazards.

.6 The following developments and uses are excluded from the requirements of the floodplain management regulations specified in Sections 8.3.2 and 8.3.3:

a) Renovations, except structural, to existing buildings or structures that do not involve additions thereto;

b) additions to buildings or structures that would increase the size of the building or structure by less than 25 percent of the floor area existing at the date of adoption of this Bylaw;

c) that portion of a building or structure to be used as a carport or garage;

d) farm buildings other than dwelling units and closed-sided livestock housing;

e) closed-sided livestock housing behind standard dykes;

f) on-loading and off-loading facilities associated with water-oriented industries and portable sawmills;

g) unenclosed decks and balconies that do not have supports located within the floodplain.


9.0 OFF-STREET PARKING, LOADING REQUIREMENTS 9.1 Basic Provisions

.1 Section 9.0 of this bylaw applies only to highways not subject to Provincially controlled access regulations.

.2 Space for the off-street parking and loading of motor vehicles in respect of a class of a building or use under this Bylaw must be provided and maintained in accordance with the regulations of this Section.

.3 The number of off-street parking and loading spaces for motor vehicles required for any use or class of building is calculated according to Table 9.2 of this Bylaw.

.4 .In reference to a building or use permitted under this Bylaw which is not specifically referred to in Table 9.2, the number of off-street parking and loading spaces is calculated on the basis of the requirements for a similar class of building or use that is listed in Table 9.2.

.5 Where the calculation of the required off-street parking or loading space results in a fraction, one parking space must be provided in respect of the fraction.

9.2 Location

.1 Off-street parking and loading spaces must be located on the same parcel as the building or use they serve.

9.3 Off-Street Parking Space Standards

.1 In any parking area, each off-street parking space must be developed according to the dimensions outlined in Table 9.1.

.2 The minimum required off-street parking space dimensions in Table 9.1 may be reduced by 20% to accommodate small cars, provided that the spaces are clearly identified, grouped and signed for small car use only. In any parking area containing more than five (5) parking spaces, up to 25% of the number of required spaces may be designated for small car use.

.3 Access and cross aisles must not be less than 3.6 metres for one-way traffic and 6.6 metres for two-way traffic.


Table 9.1 Minimum Parking Space Dimensions

TWO WAY ANGLE PARKING ONE WAY ANGLE PARKING PARALLEL PARKING (0o)

Angle (A)

Stall Width (B)

Curb Width (C)

Clear Length (D)

Aisle Width One-Way

(E)

Aisle Width Two-Way

(F)

0 degree (parallel parking)

2.7 m 7.0 m 2.7 m 3.6 m 6.6 m

30 degree 2.7 m 5.4 m 5.2 m 3.6 m 6.6 m

45 degree 2.7m 3.8 m 6.0 m 4.1 m 6.6 m

60 degree 2.7 m 3.1 m 6.3 m 5.6 m 6.6 m

90 degree 2.7 m 2.7 m 6.0 m 7.2 m 7.2 m

.4 In any Commercial, Medium Density Residential or Administrative and Institutional zone, parking distance in relation to the highway is Provincially regulated.

.5 For all uses except single detached dwellings, duplexes and secondary suites, no entrance to a parking space will be permitted within 3.0 metres of an entrance to a parking area except in a lane where a group of up to four (4) spaces may directly access a lane at 30.0 metre intervals.

.6 In any parking area containing more than five (5) parking spaces, every off-street parking space must have curbs, or wheel stops, to prevent vehicles from overhanging parcel lines, landscaped areas or walking corridors.

.7 All parking areas comprised of ten (10) or more parking spaces in the Medium Density Residential and Commercial zones must be surfaced in either concrete or asphalt, be


adequately provided with lighting and drainage facilities, have access to and from major roads and provide one (1) disabled person’s parking space for every ten (10) parking spaces required.

.8 All parking areas must contain adequate provisions so that vehicles may turn around on the parcel.

.9 In any Residential zone, except as otherwise permitted in Section 7.17.4, any vehicle or equipment exceeding a gross weight of 3,900 kg, except the recreational vehicle of the property occupant, may be stored or parked on the property unenclosed, except campgrounds. cxliv

.10 Where off-street parking is required by this Bylaw and where access for a person with disabilities is required, parking space(s) will be provided in accordance with the British Columbia Building Code and amendments thereto.

9.4 Loading Space Requirements

Where loading spaces are provided, they must be a minimum of 28 m2 in area, be not less than 3.0 metres in width and be contained entirely on the parcel which they are to serve.

9.5 Magazine Storage

Where drive-through facilities are installed, there must be adequate magazine storage provided on the parcel to accommodate three (3) automobiles between the property line and the ordering station. Direct access to off-street parking spaces from the magazine storage area is prohibited.

9.6 Off-Street Parking and Loading

Off-street parking and loading must be provided in accordance with the requirements of Table 9.2 as follows:

Table 9.2 Off-Street Parking and Loading Requirements

USES REQUIRED # OF PARKING SPACES REQUIRED # OF LOADING SPACES

Auction Rooms 1 per 28 m2 of auction floor area 1

Bank 1 per 40 m2 of gross floor area 0

Bed and Breakfast Operation cxlv 1 per sleeping unit 0

Boarding homes 1 per sleeping unit 0

cxliv Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011 cxlv Amendment Bylaw No. 2594, 2012 – adopted March 21, 2103



Bowling Alleys 2 per alley 0

Campgrounds 1 space per camping space 0

Churches or other religious institutions, Assembly Halls, Lodges, Clubs and Charitable Institutions

1 per 5 seats or 1 per 10 m2 of assembly area, whichever is greater

1

Community Care and Social Care Facilities

1 per 2 units 0

Cultural Facilities (Art Galleries, Museums)

1 per 40 m2 of gross floor area 0

Eating and Drinking Establishments

1 per 4 seats or 1 per 10 m2 of customer service floor area, whichever is greater

1 where the gross floor area exceeds 100 m2

Retail Sales, Outdoor 2 per stall or sales area 0

Golf Courses 4 per hole 0

Hospitals and Health Care Centres

1 per 4 beds 0

Hostel 1 per 10 beds 1

Hotels 1 per 3 rooms, plus 1 per 4 seats or 15 m2 of customer service area in any eating and drinking establishment

1

Laundromats 1 per 3 washing machines 0

Marina 1 per 2 boat spaces 1

Motels 1 per motel unit plus 1 per 5 seats or 15 m2 of customer service area in any eating and drinking establishments within the motel

0

Neighbourhood Commercial Uses 1 per 28 m2 of gross floor area with minimum of 4

0

Neighbourhood Pubs 1 per 3 seats 1

Offices, Medical or Dental 1 per 28 m2 of gross floor area with min. of 4

0

Public Entertainment Facilities

1 per 5 seats or 1 where no seating is provided or 1 per 40 m2 of customer service area, whichever is greater

0



Recreational Vehicle Sites or Strata Lots in a Recreational Vehicle Park

1 per site or lot 0

Retail, Personal Services and Office Buildings, excluding Shopping Centres

1 per 28 m2 of gross floor area 1 where the gross floor area exceeds 1,500 m2

Secondary Suite 1 0

Residential (Single Detached or Duplex)

2 per dwelling 0

Residential (Multi-Dwelling) 1.75 per dwelling unit 0

Residential (Accessory Dwelling Unit)

1 per sleeping unit 0

Residential Dwelling Units Accessory to Commercial use

1 space per 2 units 0

Schools (Elementary) 2 spaces per classroom 0

Schools (Secondary) 3 spaces per classroom 0

Secondary suites 1 space per suite 0

Service Stations including Self-Serve, Gas Bars and Convenience Stores

1 space per 28 m2 of gross floor area 0

Shopping Centres / Supermarkets 1 space per 17 m2 of gross leaseable area

1 space per 1,500 m2 of gross floor area

Theatres 1 space per 10 seats 0

Vehicle Sales and Service 1 per 70 m2 of sales floor area and 1 per service bay

0

Waterslide 12 spaces per slide 0

Wholesale, Warehouses, Fruit and Vegetable Packing Plants

1 space per 200 m2 of gross floor area 1 space plus an additional space for every 1,000 m2 of gross floor area

Veterinarian Establishments 4 per veterinarian 0

Wineries 1 space per 20 m2 of retail floor space 1


10.0 RURAL 10.1 RESOURCE AREA ZONE (RA) 10.1.1 Permitted Uses:cxlvi

Principal uses:

a) agriculture, subject to Section 7.23;

b) cemeteries;

c) charitable, fraternal or philanthropic institutions;

d) educational facility;

e) equestrian centre;

f) forestry;

g) gravel processing;

h) natural resource extraction;

i) outdoor recreation;cxlvii

j) packing, processing and storage of farm and off-farm products;

k) single detached dwelling or mobile home;

l) veterinary establishment;

Secondary uses:

m) accessory dwelling or mobile home, subject to Section 7.11;

n) bed and breakfast operation, subject to Section 7.19;

o) home industries, subject to Section 7.18;

p) home occupations, subject to Section 7.17;

q) kennels, subject to Section 7.25;

r) retail sales of farm and off-farm products, subject to Section 7.24; and

s) secondary suites, subject to Section 7.12;

t) accessory buildings and structures, subject to Section 7.13.

10.1.2 Site Specific Resource Area (RAs) Provisions:

a) see Section 19.1 cxlvi Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. cxlvii Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018.


10.1.3 Minimum Parcel Size:

a) 20 ha, subject to servicing requirements.cxlviii

10.1.4 Minimum Parcel Width:

a) Not less than 25% of the parcel depth

10.1.5 Maximum Number of Dwellings Permitted Per Parcel:cxlix

a) one (1) principal dwelling;

b) one (1) secondary suite; and

c) one (1) accessory dwelling or mobile home, and no accessory dwellings or mobile homes shall have a floor area greater than 70.0 m2.

10.1.6 Minimum Setbacks:cl

a) Buildings and structures:

i) Front parcel line: 7.5 metres

ii) Rear parcel line: 7.5 metres

iii) Interior side parcel line: 4.5 metres

iv) Exterior side parcel line: 4.5 metres

b) Despite Section 10.1.6(a), livestock shelters, equestrian centres, generator sheds, boilers or walls with fans, greenhouses and cannabis production facilities:cli





c) Despite Section 10.1.6(a), incinerators or compost facility:





cxlviii Amendment Bylaw No. 1801.15, 2008 adopted May 7, 2009. cxlix Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. cl Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. cli Amenement Bylaw No. 2849, 2019 – adopted December 5, 2019.


10.1.7 Maximum Height:

a) No building, accessory building or structure shall exceed a height of 10.0 metres.

10.1.8 Maximum Parcel Coverage:clii

a) 35% for parcels less than 2,500 m2 in area;

b) 20% for parcels greater than 2,500 m2 and less than 2.0 ha in area; and

c) for parcels greater than 2.0 ha in area:

i) 5%; and

ii) 75% for greenhouse uses.

clii Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017.


10.2 AGRICULTURE ONE ZONE (AG1)cliii 10.2.1 Permitted Uses:

Principal uses:


b) brewery, cidery, distillery, meadery or winery, subject to Section 7.24;

c) equestrian centre;

d) packing, processing and storage of farm and off-farm products;

e) single detached dwelling or mobile home;

f) veterinary establishment; Secondary uses:

h) accessory dwelling or mobile home, subject to Section 7.11;

i) agri-tourism accommodation, subject to Section 7.26;

j) bed and breakfast operation, subject to Section 7.19;

k) home industries, subject to Section 7.18;

l) home occupations, subject to Section 7.17;

m) kennels, subject to Section 7.25;

n) retail sales of farm and off-farm products, subject to Section 7.24;

o) secondary suite, subject to Section 7.12; and

p) accessory buildings and structures, subject to Section 7.13.

10.2.2 Site Specific Agriculture One (AG1s) Provisions:

a) see Section 19.2


a) 4.0 ha

b) where the Agricultural Land Commission permits a subdivision under its homesite severance policy, there shall be no minimum parcel size.



cliii Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017.


10.2.5 Maximum Number of Dwellings Permitted Per Parcel:

a) one (1) principal dwelling unit.

b) the number of secondary suites, accessory dwellings or mobile homes permitted per parcel, and the total gross floor area of all secondary suites, accessory dwellings and mobile homes permitted per parcel shall not exceed the following:

PARCEL AREA

MAXIMUM NUMBER OF SECONDARY SUITES,

ACCESSORY DWELLINGS OR MOBILE HOMES

MAXIMUM GROSS FLOOR AREA OF ALL SECONDARY SUITES, ACCESSORY

DWELLINGS AND MOBILE HOMES PER PARCEL

Less than 8.0 ha 1 90 m2

8.0 ha to 11.9 ha 2 180 m2

12.0 ha to 15.9 ha 3 270 m2

Greater than 16.0 ha 4 360 m2

c) despite Section 10.2.5(b), for parcels situated within the Agricultural Land Reserve, all secondary suites, accessory dwellings or mobile homes in excess of one (1) must be used only for the accommodation of persons engaged in farming on parcels classified as “farm” under the Assessment Act.

10.2.6 Minimum Setbacks:






b) Despite Section 10.2.6(a), livestock shelters, equestrian centres, generator sheds, boilers or walls with fans, greenhouses and cannabis production facilities:cliv





c) Despite Section 10.2.6(a), incinerator or compost facility:



cliv Amenement Bylaw No. 2849, 2019 – adopted December 5, 2019.




d) Despite Section 10.2.6(a), principal buildings or structures on parcels less than 0.2 ha:





e) Despite Section 10.2.6(a), accessory buildings and structures, on parcels less than 0.2 ha:







10.2.8 Maximum Parcel Coverage:




i) 10%; and



10.3 AGRICULTURE THREE ZONE (AG3)clv 10.3.1 Permitted Uses:

Principal uses:


b) brewery, cidery, distillery, meadery or winery, subject to Section 7.24;

c) equestrian centre;

d) packing, processing and storage of farm and off-farm products;

e) single detached dwelling or mobile home;

f) veterinary establishment; Secondary uses:

g) accessory dwelling or mobile home, subject to Section 7.11;

h) agri-tourism accommodation, subject to Section 7.26;

i) bed and breakfast operation, subject to Section 7.19;

j) home industries, subject to Section 7.18;

k) home occupations, subject to Section 7.17;

l) kennels, subject to Section 7.25;

m) retail sales of farm and off-farm products, subject to Section 7.24;

n) secondary suite, subject to Section 7.12; and

o) accessory buildings and structures, subject to Section 7.13.

10.3.2 Site Specific Agriculture Three (AG3s) Provisions:

a) see Section 19.3


a) 20.0 ha;

b) where the Agricultural Land Commission permits a subdivision under its homesite severance policy, there shall be no minimum parcel size.



clv Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011; and Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017.



a) one (1) principal dwelling unit.

b) the number of secondary suites, accessory dwellings or mobile homes permitted per parcel, and the total gross floor area of all secondary suites, accessory dwellings and mobile homes permitted per parcel shall not exceed the following:

PARCEL AREA

MAXIMUM NUMBER OF SECONDARY SUITES,

ACCESSORY DWELLINGS OR MOBILE HOMES

MAXIMUM GROSS FLOOR AREA OF ALL SECONDARY SUITES, ACCESSORY

DWELLINGS AND MOBILE HOMES PER PARCEL

Less than 8.0 ha 1 90 m2

8.0 ha to 11.9 ha 2 180 m2

12.0 ha to 15.9 ha 3 270 m2

Greater than 16.0 ha 4 360 m2

c) despite Section 10.3.5(b), for parcels situated within the Agricultural Land Reserve, all secondary suites, accessory dwellings or mobile homes in excess of one (1) must be used only for the accommodation of persons engaged in farming on parcels classified as “farm” under the Assessment Act.


a) Buildings and structures, on parcels 0.2 ha or greater:





b) Despite Section 10.3.6(a), livestock shelters, equestrian centres, generator sheds, boilers or walls with fans, greenhouses and cannabis production facilities:clvi








clvi Amenement Bylaw No. 2849, 2019 – adopted December 5, 2019.




d) Despite Section 10.3.6(a), principal buildings or structures, on parcels less than 0.2 ha:





e) Despite Section 10.3.6(a), accessory buildings and structures, on parcels less than 0.2 ha:











i) 5%; and



10.4 LARGE HOLDINGS ONE ZONE (LH1)clvii 10.4.1 Permitted Uses:

Principal uses:


b) equestrian centre;

c) forestry;

d) single detached dwelling or mobile home;

e) veterinary establishment;

Secondary uses:

f) accessory dwelling or mobile home, subject to Section 7.11;

g) bed and breakfast operation, subject to Section 7.19;

h) home industry, subject to Section 7.18;

i) home occupation, subject to Section 7.17;

j) kennels, subject to Section 7.25;

k) packing, processing and storage of farm and off-farm products;

l) retail sales of farm and off-farm products, subject to Section 7.24;

m) secondary suite, subject to Section 7.12; and

n) accessory buildings and structures, subject to Section 7.13.

10.4.2 Site Specific Large Holdings One (LH1s) Provisions:

a) see Section 19.4


a) 4.0 ha


a) Not less than 25% of the parcel depth.


clvii Amenement Bylaw No. 2455.30, 2018 – adopted April 19, 2018.


a) the number of principal dwellings and the number of accessory dwellings or mobile homes permitted per parcel shall be as follows:

Parcel Size Maximum Number of Accessory Dwellings or Mobile Homes

Maximum Number of Principal Dwellings

Less than 8.0 ha 1 1

8.0 ha to 11.9 ha 2 1

12.0 ha to 15.9 ha 3 1

16.0 ha or greater 4 1

b) one (1) secondary suite.







b) Despite Section 10.4.6(a), livestock shelters, equestrian centres, generator sheds, boilers or walls with fans, greenhouses and cannabis production facilities:clviii












clviii Amenement Bylaw No. 2849, 2019 – adopted December 5, 2019.






i) 10%; and



10.5 LARGE HOLDINGS TWO ZONE (LH2)clix 10.5.1 Permitted Uses:

Principal uses:


b) equestrian centre;

c) forestry;

d) single detached dwelling or mobile home;

e) veterinary establishment;

Secondary uses:

f) accessory dwelling or mobile home, subject to Section 7.11;

g) bed and breakfast operation, subject to Section 7.19;

h) home industry, subject to Section 7.18;

i) home occupation, subject to Section 7.17;

j) kennels, subject to Section 7.25;

k) packing, processing and storage of farm and off-farm products;

l) retail sales of farm and off-farm products, subject to Section 7.24;

m) secondary suite, subject to Section 7.12; and

n) accessory buildings and structures, subject to Section 7.13.

10.5.2 Site Specific Large Holdings Two (LH2s) Provisions:

a) see Section 19.4


a) 8.0 ha




a) one (1) principal dwelling unit:

b) one (1) secondary suite; and

clix Amenement Bylaw No. 2455.30, 2018 – adopted April 19, 2018.


c) one (1) mobile home or accessory dwelling.







b) Despite Section 10.5.6(a), livestock shelters, equestrian centres, generator sheds, boilers or walls with fans, greenhouses and cannabis production facilities:clx
















i) 10%; and


clx Amenement Bylaw No. 2849, 2019 – adopted December 5, 2019.


10.6 deleted.clxi

clxi Amenement Bylaw No. 2797, 2018 – adopted July 5, 2018.


10.7 SMALL HOLDINGS TWO ZONE (SH2)clxii 10.7.1 Permitted Uses:

Principal uses:

a) single detached dwellings;

b) agriculture, subject to Section 7.23;

Secondary uses:

c) bed and breakfast operation, subject to Section 7.19;

d) equestrian centre;

e) home industry, subject to Section 7.18;

f) home occupation, subject to Section 7.17;

g) retail sales of farm and off-farm products, subject to Section 7.24;

h) secondary suite, subject to Section 7.12; and

i) accessory buildings and structure, subject to Section 7.13. 10.7.2 Site Specific Small Holdings Two (SH2s) Provisions:

a) see Section 19.32 10.7.3 Minimum Parcel Size:

a) 2.0 ha 10.7.4 Minimum Parcel Width:

a) Not less than 25% of the parcel depth. 10.7.5 Maximum Number of Dwellings Permitted Per Parcel:

a) one (1) principal dwelling per parcel; and

b) one (1) secondary suite per parcel. 10.7.6 Minimum Setbacks:





clxii Amenement Bylaw No. 2455.30, 2018 – adopted April 19, 2018.



b) Accessory buildings and structures:





c) Despite Section 10.7.6(a) and (b), livestock shelters, equestrian centres, generator sheds, boilers or walls with fans, greenhouses and cannabis production facilities:clxiii





d) Despite Section 10.7.6(a) and (b), incinerator or compost facility:








a) 15%

10.7.9 Minimum Building Width:

a) Principal Dwelling Unit: 5.0 metres, as originally designed and constructed.

clxiii Amenement Bylaw No. 2849, 2019 – adopted December 5, 2019.


10.8 SMALL HOLDINGS THREE ZONE (SH3)clxiv 10.8.1 Permitted Uses:

Principal uses:

a) agriculture, subject to Section 7.23;clxv

b) single detached dwellings;

Secondary uses:

c) secondary suites, subject to Section 7.12;

d) home occupations, subject to Section 7.17;

e) bed and breakfast operation, subject to Section 7.19;clxvi and

f) accessory buildings and structures, subject to Section 7.13.

10.8.2 Site Specific Small Holdings Three (SH3s) Provisions:

a) see Section 19.6clxvii


a) 1.0 ha, subject to servicing requirements



10.8.5 Maximum Number of Dwellings Permitted Per Parcel:clxviii


b) one (1) secondary suite per parcel.

10.8.6 Minimum Setbacks:clxix





clxiv Amendment Bylaw No. 2455.01, 2011 – adopted April 7, 2011. clxv Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. clxvi Amendment Bylaw No. 2594, 2012 – adopted March 21, 2013. clxvii Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015. clxviii Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015. clxix Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017.








c) Despite Section 10.6.6(a) and (b), livestock shelters, generator sheds, boilers or walls with fans, and on-farm soil-less medium production facilities:











a) No building or structure shall exceed a height of 10.0 metres;clxx

b) No accessory building or structure shall exceed a height of 5.5 metres.


a) 20%

10.8.9 Minimum Building Width:clxxi


clxx Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015. clxxi Amendment Bylaw No. 2743, 2016 – adopted September 15, 2016.


10.9 SMALL HOLDINGS FOUR ZONE (SH4)clxxii 10.9.1 Permitted Uses:

Principal uses:



Secondary uses:

c) bed and breakfast operation, subject to Section 7.19;


e) secondary suites, subject to Section 7.12; and


10.9.2 Site Specific Small Holdings Four (SH4s) Provisions:

a) see Section 19.33


a) 0.5 ha, subject to servicing requirements




a) one (1) principal dwelling unit; and

b) one (1) secondary suite.








clxxii Amenement Bylaw No. 2455.30, 2018 – adopted April 19, 2018.

















a) No building or structure shall exceed a height of 10.0 metres;



a) 15%




10.10 SMALL HOLDINGS FIVE ZONE (SH5) 10.10.1 Permitted Uses:

Principal uses:

a) agriculture, on parcels greater than 0.4 ha in area and subject to Section 7.23;clxxiii


c) veterinary establishment, on parcels greater than 2.0 ha in area;clxxiv

d) forestry;

Secondary uses:

e) secondary suite, subject to Section 7.12;clxxv

f) home occupations, subject to Section 7.17;

g) home industries, on parcels greater than 2.0 ha in area and subject to Section 7.18;clxxvi

h) bed and breakfast operation, subject to Section 7.19clxxvii; and

i) accessory buildings and structure, subject to Section 7.13.

10.10.2 Site Specific Small Holdings Five (SH5s) Provisions:

a) see Section 19.7


a) 2,020 m2; subject to servicing requirements.clxxviii



10.10.5 Maximum Number of Dwellings Permitted Per Parcel:clxxix



clxxiii Amendment Bylaw No. 2455.19, 2015 – adopted January 21, 2016; and Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. clxxiv Amendment Bylaw No. 2455.19, 2015 – adopted January 21, 2016; and Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. clxxv Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015. clxxvi Amendment Bylaw No. 2455.19, 2015 – adopted January 21, 2016. clxxvii Amendment Bylaw No. 2594, 2012 – adopted March 21, 2013. clxxviii Amendment Bylaw No. 1801.15, 2008 – adopted May 7, 2009; & Amendment Bylaw No. 2455.19, 2015 – adopted January 21, 2016. clxxix Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015.


10.10.6 Minimum Setbacks:clxxx a) Buildings and structures:













iii) Exterior side parcel line: 15.0 metres

iv) Interior side parcel line: 15.0 metres







a) No building or structure shall exceed a height of 10.0 metres;clxxxi


10.10.8 Minimum Building Width:clxxxii


clxxx Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. clxxxi Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015. clxxxii Amendment Bylaw No. 2743, 2016 – adopted September 15, 2016.



a) 20%


11.0 LOW DENSITY RESIDENTIAL

11.1 RESIDENTIAL SINGLE FAMILY ONE ZONE (RS1) 11.1.1 Permitted Uses:

Principal uses:


Secondary uses:

b) secondary suite, subject to Section 7.12;clxxxiii

c) home occupations, subject to Section 7.17;

d) bed and breakfast operation, subject to Section 7.19;clxxxiv

e) accessory buildings and structures, subject to Section 7.13;

11.1.2 Site Specific Residential Single Family One (RS1s) Provisions:

a) see Section 19.8


a) 667 m2, subject to servicing requirementsclxxxv



11.1.5 Maximum Number of Dwellings Permitted Per Parcel:clxxxvi




a) Principal buildings:



clxxxiii Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015 clxxxiv Amendment Bylaw No. 2594, 2012 – adopted March 21, 2013 clxxxv Amendment Bylaw No. 1801.15, 2008 – adopted May 7, 2007 & Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011 clxxxvi Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015



iv) Interior side parcel line: 1.5 metresclxxxvii





iv) Interior side parcel line: 1.5 metresclxxxviii


a) No building or structure shall exceed a height of 10.0 metres;clxxxix



a) 35%

11.1.9 Minimum Building Width:cxc


clxxxvii Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015 clxxxviii Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015 clxxxix Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011 & Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015 cxc Amendment Bylaw No. 2743, 2016 – adopted September 15, 2016.


11.2 RESIDENTIAL SINGLE FAMILY TWO ZONE (RS2) 11.2.1 Permitted Uses:cxci

Principal uses:

a) single detached dwellings; Secondary uses:

b) secondary suite, subject to Section 7.12;cxcii

c) home occupations, subject to Section 7.17;

d) bed and breakfast operation, subject to Section 7.19;cxciii

e) accessory buildings and structures, subject to Section 7.13.

11.2.2 Site Specific Residential Single Family Two (RS2s) Provisions:

a) see Section 19.9


a) 667m2, subject to servicing requirements;cxciv


a) Not less than 25% of the parcel depthcxcv

11.2.5 Maximum Number of Dwellings Permitted Per Parcel:cxcvi

a) one (1) principle dwelling per parcel; and




i) Front parcel line: 7.5 metrescxcvii



cxci Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011 cxcii Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015 cxciii Amendment Bylaw No. 2594, 2012 – adopted March 21, 2013 cxciv Amendment Bylaw No. 1801.15, 2008 - adopted May 7, 2009 & Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011 cxcv Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011 cxcvi Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015 cxcvii Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011


iv) Interior side parcel line: 1.5 metrescxcviii





iv) Interior side parcel line: 1.5 metrescxcix


a) No principal building shall exceed a height of 10.0 metres;cc


11.2.8 Minimum Building Width:cci


11.2.9 Maximum Parcel Coverage:ccii

a) 35%

cxcviii Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015 cxcix Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015 cc Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011 cci Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011 & Amendment Bylaw No. 2743, 2016 – adopted September 15, 2016. ccii Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011


11.3 RESIDENTIAL TWO FAMILY (DUPLEX) ZONE (RS3) 11.3.1 Permitted Uses:cciii

Principal uses:


b) duplex dwellings; Secondary uses:

c) secondary suite, subject to Section 7.12;cciv


e) bed and breakfast operation, subject to Section 7.19;ccv


11.3.2 Site Specific Residential Two Family (Duplex) (RS3s) Provisions:


11.3.3 Minimum Parcel Size:ccvi

a) 667 m2, for non-strata parcels, subject to servicing requirements;

b) 400 m2, for strata parcels, subject to servicing requirements.

11.3.4 Minimum Parcel Width:ccvii

a) 22.0 metres, for non-strata parcels (applies to a parcel containing one (1) single detached dwelling or two (2) duplex dwellings);

b) 11.0 metres, for strata parcels (applies to a parcel containing one (1) dwelling or a duplex dwelling).

11.3.5 Maximum Number of Dwellings Permitted Per Parcel:ccviii

a) two (2) principal dwelling units, provided that both dwellings are located in one (1) residential building; and


cciii Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011 cciv Amendment Bylaw Nol 2455.16, 2015 – adopted March 19, 2015 ccv Amendment Bylaw No. 2483, 2012 – adopted March 21, 2013 ccvi Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011 ccvii Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011 ccviii Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011 & Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015


11.3.6 Minimum Setbacks:ccix





iv) Interior side parcel line: 1.5 metresccx





iv) Interior side parcel line: 1.5 metresccxi

11.3.7 Maximum Height:ccxii

a) No building and structure shall exceed a height of 10.0 metres;ccxiii


11.3.8 Minimum Building Width:ccxiv


11.3.9 Maximum Parcel Coverage:ccxv

a) 45%

ccix Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011 ccx Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015 ccxi Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015 ccxii Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011 ccxiii Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015 ccxiv Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011 & & Amendment Bylaw No. 2743, 2016 – adopted September 15, 2016. ccxv Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011


11.4 RESIDENTIAL MANUFACTURED HOME PARK ZONE (RSM1)ccxvi 11.4.1 Permitted Uses:

Principal uses:

a) manufactured homes;

b) manufactured home park; Secondary uses:

c) single detached dwelling;


e) one (1) retail store, convenience, provided that it does not occupy more than 3 percent of the gross area of the manufactured home park, or does not exceed 250 m2 gross floor area, whichever is less

f) accessory buildings and structures, subject to Section 7.13; and

g) bed and breakfast operation, subject to Section 7.19.ccxvii

11.4.2 Site Specific Residential Manufactured Home Park (RSM1s) Provisions:



a) 1.0 ha for a manufactured home park; and

b) 350 m2 for each manufactured home space.


a) 35.0 metres for manufactured home park; within which:

i) a minimum of 12.0 metres shall be provided for each manufactured home space abutting an internal road; and

ii) a minimum of 6.0 metres shall be provided for each manufactured home space abutting a cul-de-sac.


a) 20 dwellings per hectare

ccxvi Amendment Bylaw No. 2598, 2012 – adopted March 7, 2013 ccxvii Amendment Bylaw No, 2594, 2012 – adopted March 21, 2013


11.4.6 Maximum Number of Dwellings Permitted Per Manufactured Home Space:

a) one (1) manufactured home per manufactured home space; and

b) one (1) accessory single detached dwelling permitted per manufactured home park.

11.4.7 Minimum Setbacks: ccxviii


i) Front parcel line 7.5 metres

ii) Rear parcel line 4.5 metres

iii) Interior side parcel line 4.5 metres

iv) Exterior side parcel line 4.5 metres

b) Setbacks within each manufactured home space boundary for buildings and structures (subject to Section 11.4.7(a)):

i) Front boundary line 3.0 metres

ii) Rear boundary line 1.5 metres

iii) Interior boundary line 1.5 metres

iv) Exterior boundary line 3.0 metres

c) Setbacks within each manufactured home space boundary for accessory buildings and structures (subject to Section 11.4.7(a)):

i) Front boundary line 4.5 metres

ii) Rear boundary line 1.0 metres

iii) Interior boundary line 1.0 metres

iv) Exterior boundary line 3.0 metres

11.4.8 Amenity Area:ccxix

a) The following amenity and open space area(s) shall be provided for each dwelling unit:

i) a contiguous area of not less than 40m2;

ii) to be located immediately adjacent to and be accessible from a habitable room (common space) of the dwelling unit;

iii) shall not include any required storage area, driveway, off-street parking area or building setback area except the rear setback area; and

ccxviii Amendment Bylaw No. 2626, 2013 – adopted September 5, 2013 ccxix Amendment Bylaw No. 2626, 2013 – adopted September 5, 2013


iv) must be marked on the site plan submitted with the Building Permit application for the development of a dwelling unit on the parcel.





a) 45%

11.4.11 General Provisions:

a) All provisions in the Manufactured Home Park Regulations Bylaw No. 2597, 2012, as amended from time to time that have not been specified in this particular bylaw shall be met.


12.0 MEDIUM DENSITY RESIDENTIAL 12.1 RESIDENTIAL MULTIPLE FAMILY ZONE (RM1)ccxx 12.1.1 Permitted Uses:

Principal uses:

a) single-detached dwellings;

b) duplex dwellings;

c) multi-family dwelling units or groups of multi dwelling units;

d) churches;

e) group homes;

f) boarding homes;

g) congregate care housing;

Secondary uses:

h) home occupations, subject to Section 7.17;

i) bed and breakfast, subject to Section 7.19;

j) retail sales, general, accessory to multi-dwelling units;ccxxi and

k) accessory buildings and structures, subject to Section 7.13.

12.1.2 Site Specific Residential Multiple Family (RM1s) Provisions:



a) 1,000.0 m2;

b) 466.0 m2; for individual single detached dwelling lots on community water and community sewer; or

c) 550.0 m2, for individual duplex dwelling unit lots on community water and community sewer.


a) Not less than 25% of the parcel depth;

ccxx Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015 ccxxi Amendment Bylaw No. 2455.24, 2016 – adopted September 15, 2016


b) 15.0 metres for individual single detached dwelling lots on community water and community sewer; or

c) 18.0 metres for individual duplex dwelling unit lots on community water and community sewer.

12.1.5 Maximum Density:

a) 60 dwellings per hectare;

b) 21 single detached dwellings per hectare, for single-detached dwellings on community water and community sewer; or

c) 36 per hectare, for duplex dwelling on community water and community sewer.

12.1.6 Maximum Floor Area Ratio:

a) 0.45


a) Principal Buildings:




iv) Interior side parcel line:

1. 6.0 metres

2. 1.5 metres, for individual single-detached dwellings and for individual duplex dwelling units on community water and community sewer)

b) Accessory Buildings and Structures:



iii) Exterior parcel line: 4.5 metres







a) 35%;

b) 45% for individual single-detached dwellings and for individual duplex dwelling units on community water and community sewer.

12.1.10 Provisions for Accessory Retail Sales: ccxxii

a) must be located indoors, on the main floor, under the same roof as the building containing the principal permitted residential use;

b) must provide separate ground-level entrance;

c) must not occupy a gross floor area greater than 100.0 m2 including storage.

12.1.11 Requirements for amenity and open space area:

a) 40.0 m2 for each dwelling unit;

b) a minimum of 25% of required amenity and open space areas shall be at grade and outdoors, and the remainder shall be provided in a convenient and accessible location within the development;

c) where open space is provided at a right angle to a principal window of a living or family room, the minimum depth of the privacy area shall be 4.5 metres when a window is within 1.8 metres of grade, with a minimum building separation of 7.0 metres;

d) where open space is provided at a right angle to a principal window of other habitable rooms, the minimum depth of the privacy area shall be 3.5 metres when a window is within 1.8 metres of grade.



ccxxii Amendment Bylaw No. 2743, 2016 – adopted September 15, 2016


12.2 Deleted.ccxxiii

ccxxiii Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015


13.0 TOWN CENTREccxxiv 13.1 OKANAGAN FALLS TOWN CENTRE ZONE (OFTC) 13.1.1 Permitted Uses:

Principal Uses:

a) art gallery, library, museum;

b) brewery, cidery, distillery or winery;

c) church;

d) community hall;

e) eating and drinking establishment;

f) educational facility;

g) indoor recreational facilities;

h) multi-dwelling units, Subject to Section 13.1.8;

i) offices;

j) outdoor market;

k) personal service establishment;

l) retail stores, general;

m) tourist accommodation;

Secondary Uses:

n) bed and breakfast operation, subject to Section 7.19;

o) home occupations, subject to Section 7.17; and

p) accessory buildings and structures, subject to Section 7.13.

13.1.2 Site Specific Okanagan Falls Town Centre (OFTCs) Provisions:

a) Not applicable.

13.1.3 Minimum Parcel Size for Subdivision:

a) 1,000 m2, subject to servicing requirements.

ccxxiv Amenement Bylaw No. 2455.39, 2018 – adopted February 7, 2019.


13.1.4 Minimum Parcel Width for Subdivision:

a) Not less than 25% of parcel depth.


a) 100 dwelling units per hectare

13.1.6 Minimum Density:

a) 40 dwelling units per hectare







v) for a parcel line adjacent Highway 97 4.5 metres






v) for a parcel line adjacent Highway 97 4.5 metres

c) Any building or structure to be sited within 4.5 metres of a parcel line adjacent a road right-of-way requires the approval of the Ministry of Transportation and Infrastructure (MoTI). Obtaining approval from MoTI to place a building or structure within 4.5 metres of a road right-of-way is the responsibility of a property owner.






a) 80%

13.1.10 Other Regulations:

a) a minimum area of 10.0 m2 of amenity space shall be provided per dwelling unit.

b) where commercial and residential uses occur in the same building or structure, residential uses shall have a separate entrance from the exterior of the building and shall not share a common hallway with commercial uses.


14.0 COMMERCIAL 14.1 GENERAL COMMERCIAL ZONE (C1)ccxxv 14.1.1 Permitted Uses:

Principal uses:

a) brewery, cidery, distillery, meadery or winery;

b) eating and drinking establishments;

c) indoor recreation;

d) self-storage, not to exceed 250 m2 in gross floor area;

e) office;

f) outdoor market;

g) personal service establishment;

h) retail stores, general;

i) vehicle sales and rental;

Secondary uses:

j) accessory dwelling, subject to Section 7.11; and


14.1.2 Site Specific General Commercial (C1s) Provisions:

a) see Section 19.14.






a) one (1) accessory dwelling.

ccxxv Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018.



a) Buildings and structure:






a) No building or structure shall exceed a height of 10.0 metres


a) 50%


14.2 OKANAGAN FALLS TOWN CENTRE TRANSITION ZONE (C4)ccxxvi 14.2.1 Permitted Uses:

Principal uses:

a) art galleries, libraries, museums

b) eating and drinking establishments;

c) indoor recreation;

d) multi-dwelling units, Subject to Section 14.2.5;

e) offices;

f) outdoor market;

g) personal service establishment;

h) retail stores, general;

i) tourist accommodation;

Secondary uses:

j) accessory dwelling, subject to Section 7.11;

k) bed and breakfast operation, subject to Section 7.19;

l) home occupations, subject to Section 7.17; and

m) accessory buildings and structures, subject to Section 7.13.

14.2.2 Site Specific Okanagan Falls Town Centre Transition (C4s) Provisions:ccxxvii



a) 500 m2, subject to servicing requirements.



14.2.5 Multi-Unit Dwelling Regulations:

a) multi-dwelling units shall be located above the first floor or at the rear of a building containing a principal commercial use.

ccxxvi Amendment Bylaw No. 2455.24, 2016 – adopted September 15, 2016; Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018; and Amenement Bylaw No. 2455.39, 2018 – adopted February 7, 2019. ccxxvii Amenement Bylaw No. 2455.39, 2018 – adopted February 7, 2019.



a) Buildings and Structures:






vi) Front parcel line: 3.0 metres

vii) Rear parcel line: 0.0 metres

viii) Interior side parcel line: 1.5 metres

ix) Exterior side parcel line: 3.0 metres





a) 80%


14.3 deleted.ccxxviii

ccxxviii Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015


14.4 deleted.ccxxix

ccxxix Amendment Bylaw No. 2808, 2018 – adopted October 18, 2018.


14.5 RECREATIONAL VEHICLE PARK ZONE (C7)ccxxx 14.5.1 Permitted Uses:

Principal uses:

a) recreational vehicle park;

Secondary uses:

a) accessory dwellings, subject to Section 7.11;

b) home occupations, subject to Section 7.17;

c) bed and breakfast operation, subject to Section 7.19; and

d) accessory buildings and structures, subject to Section 7.13.

14.5.2 Site Specific Recreational Vehicle Park (C7s) Provisions:



a) 4.0 ha for recreational vehicle park; and

b) 130 m2 for each recreational vehicle space, subject to servicing requirements.

14.5.4 Maximum Parcel Size:

a) Not applicable for recreational vehicle park; and

b) 223 m2 for each recreational vehicle space, subject to servicing requirements.




a) one (1) accessory dwelling


a) 50 recreational vehicle spaces per ha, subject to servicing requirements.

ccxxx Amendment Bylaw No. 2455.24, 2016 – adopted September 15, 2016











iii) Interior parcel line: 1.5 metres

iv) Exterior parcel line: 4.5 metres

c) Setbacks within each recreational vehicle space for buildings and structures, including recreational vehicles (subject to sub-sections (a) & (b) above):



iii) Interior parcel line: 2.5 metres

iv) Exterior parcel line: 3.5 metres

14.5.9 Minimum Buffer Area:

a) 1.5 metres around perimeter of parcel for RV Park use.





a) 35%; and

b) 40% for recreational vehicle spaces.


a) All provisions in the Campsite Bylaw No. 713, 1982, as amended from time to time that have not been specified in this particular bylaw shall be met.


14.6 deleted.ccxxxi

ccxxxi Amendment Bylaw No. 2455.24, 2016 – adopted September 15, 2016.


14.7 deleted.ccxxxii

ccxxxii Amendment Bylaw No. 2808, 2018 – adopted October 18, 2018.


14.8 deleted.ccxxxiii

ccxxxiii Amendment Bylaw No. 2808, 2018 – adopted October 18, 2018.


14.9 SERVICE COMMERCIAL ONE ZONE (CS1)ccxxxiv 14.9.1 Permitted Uses:

Principal uses:

a) car washes;

b) propane and other vehicle fuel sales;

c) retail store, convenience;

d) service industry establishment;

e) service stations;

f) vehicle sales and rentals;

Secondary uses:

g) accessory dwelling, subject to Section 7.11;

h) eating and drinking establishment; and

i) accessory buildings and structures, subject to Section 7.13.

14.9.2 Site Specific Service Commercial One (CS1s) Provisions:

a) see Section 19.31.








a) Buildings and Structures:




ccxxxiv Amendment Bylaw No. 2455.24, 2016 – adopted September 15, 2016; and Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018.



b) Fuel distribution pumps, storage tanks or devices situated above ground:






a) No building shall exceed a height of 10.0 metres;



a) 35%


15.0 TOURIST COMMERCIAL ZONESccxxxv 15.1 TOURIST COMMERCIAL ONE ZONE (CT1) 15.1.1 Permitted Uses:

Principal uses:

a) eating and drinking establishments;

b) indoor recreation;

c) outdoor recreation;

d) tourist accommodation;

Accessory uses:

e) accessory dwelling, subject to Section 7.11;

f) office;

g) personal service establishment, not to exceed 200 m2 in gross floor area;

h) retail stores, general, not to exceed 250 m2 in gross floor area; and


15.1.2 Site Specific Tourist Commercial (CT1s) Provisions:









a) For an building or structure:


ccxxxv Amendment Bylaw No. 2808, 2018 – adopted October 18, 2018.






a) No building or structure shall exceed a height of 12.0 metres


a) 35%


15.2 CAMPGROUND COMMERCIAL ZONE (CT2) 15.2.1 Permitted Uses:

Principal uses:

a) campgrounds;

Accessory uses:

b) accessory dwelling, subject to Section 7.11;

c) eating and drinking establishment;

d) indoor recreation;

e) retail stores, convenience, not to exceed 250 m2 in gross floor area; and


15.2.2 Site Specific Campground Commercial (CT2s) Provisions:



a) 2.0 ha, subject to servicing requirements.






a) For any building or structure:








b) despite Section 15.2.7(a), a tourist cabin may not exceed a height of 5.0 metres.


a) 20%


a) the minimum area on which a campground use may be undertaken shall be 2.0 ha;

b) the maximum number of campground units per hectare shall not exceed 75;

c) not more than 25% of all campground units within a campground shall be used for the placement of cabins;

d) a cabin may not have a gross floor area exceeding 30.0 m2 including additions such as covered patios and covered or uncovered decks; and

e) all provisions in the Regional District’s Campground Regulations Bylaw No. 2779, 2018, as amended from time to time that have not been specified in this particular bylaw shall be met.


15.3 PENTICTON SPEEDWAY ZONE (CT5) 15.3.1 Permitted Uses:

Principal uses:

a) motorsports facility;

Accessory uses:

b) accessory dwelling, subject to Section 7.11;

c) eating and drinking establishment;

d) equestrian centres;

e) indoor recreation;

f) outdoor recreation;

g) retail store, general, not to exceed 200 m2 gross floor area; and

h) accessory buildings and structures, subject to Section 7.13.

15.3.2 Site Specific Penticton Speedway (CT5s) Provisions:



a) 5.0 ha






a) For any building or structure:







a) No building or structure shall exceed a height of 12.0 metres.


a) 35%


16.0 INDUSTRIALccxxxvi 16.1 GENERAL INDUSTRIAL ZONE (I1) 16.1.1 Permitted Uses:

Principal uses:

a) cannabis production, indoor;ccxxxvii

b) construction supply centre;

c) fleet service;

d) food and beverage processing;

e) manufacturing;

f) outdoor storage;

g) packing, processing and storage of farm products;

h) salvage operation;

i) self-storage;

j) service industry establishment;

k) storage warehouse;

l) vehicle sales and rentals;

m) veterinary establishment;

n) wholesale business;

Secondary uses:

o) accessory buildings and structures, subject to Section 7.13;

p) accessory dwelling, subject to Section 7.11;

q) offices; and

r) retail sales.

16.1.2 Site Specific General Industrial (I1s) Provisions:



a) 1,000 m2, subject to servicing requirements ccxxxvi Amenement Bylaw No. 2783, 2018 – adopted April 19, 2018. ccxxxvii Amenement Bylaw No. 2849, 2019 – adopted December 5, 2019.



a) Not less than 25% of parcel depth














16.1.7 Maximum Building Height:




a) 40%


16.2 HEAVY INDUSTRIAL ZONE (I2) 16.2.1 Permitted Uses:

Principal uses:

a) cannabis production, indoor;ccxxxviii

b) commercial card-lock facility;

c) concrete plant;

d) power sub-stations, including generating plants;

e) gravel processing;

f) manufacturing;

g) public maintenance and works yards;

h) salvage operation;

i) sewage treatment plant;

j) stockyard and abattoirs;

Secondary uses:

k) accessory buildings and structures, subject to Section 7.13;

l) accessory dwelling, subject to Section 7.11;

m) offices.

16.2.2 Site Specific Heavy Industrial (I2s) Provisions:



a) 2,000 m2, subject to servicing requirements



16.2.5 Maximum Number of Dwelling Permitted Per Parcel:


ccxxxviii Amenement Bylaw No. 2849, 2019 – adopted December 5, 2019.
















a) 60%


16.3 COMMUNITY WASTE MANAGEMENT ZONE (I3) 16.3.1 Permitted Uses:

Principal uses:

a) refuse disposal site;

b) composting operation;

Secondary uses:

c) accessory buildings and structures, subject to Section 7.13.

16.3.2 Site Specific Community Waste Management (I3s) Provisions:



a) 10.0 ha




a) not applicable.













c) despite Section 16.3.6(a) and (b), the distance between the external boundary of a composting operation and the natural boundary of a watercourse such as a river, stream, marsh, or estuary must not be less than 100.0 metres.




a) 25%


17.0 ADMINISTRATIVE and OPEN SPACE 17.1 ADMINISTRATIVE AND INSTITUTIONAL ZONE (AI) 17.1.1 Permitted Uses:

Principal uses:

a) churches and/or manses;

b) community halls or other public assembly facilities;

c) fire halls, police stations, ambulance service uses and similar emergency services;

d) local government or administrative offices;

e) funeral homes;

f) government buildings;

g) hospitals, nursing homes or other patient care facilities;

h) retirement homes;

i) museums, libraries, art galleries;

j) educational facility;ccxxxix


17.1.2 Site Specific Administrative and Institutional (AIs) Provisions:



a) 670 m2, subject to servicing requirementsccxl




a) for Principal Buildings:



ccxxxix Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. ccxl Amendment Bylaw No. 1801.15, 2008 dated May 7, 2009.







a) 40%


17.2 PARKS AND RECREATION ZONE (PR)ccxli 17.2.1 Permitted Uses:

Principal Uses:

a) parks;

b) outdoor recreation;ccxlii

c) cemeteries;

Secondary Uses:

d) carnivals, circuses and fairs;

e) community hall;

f) public moorage and marina;

g) indoor recreation;ccxliii

h) one (1) accessory dwelling, subject to Section 7.11; and


17.2.2 Site Specific Parks and Recreation (PRs) Provisions:



a) Not applicable


a) Not applicable







ccxli Amendment Bylaw No. 2710, 2017 – adopted June 15, 2017. ccxlii Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018. ccxliii Amenement Bylaw No. 2788, 2018 – adopted October 4, 2018.




b) despite sub-section a), no building or structure shall exceed a height of 7.0 metres at Lions, Kenyon and Christie Memorial Parks.


a) 25%


17.3 CONSERVATION AREA ZONE (CA)ccxliv 17.3.1 Permitted Uses:

Principal Uses:

a) conservation area;

Secondary Uses:

b) interpretive centre;

c) one (1) accessory dwelling, subject to Section 7.11; and

d) accessory buildings and structures, subject to Section 7.13.

17.3.2 Site Specific Conservation Area (CAs) Provisions:



a) Not applicable


a) Not applicable








a) Not applicable


a) 5%

ccxliv Amendment Bylaw No. 2710, 2017 – adopted June 15, 2017.


18.0 COMPREHENSIVE DEVELOPMENT 18.1 COMPREHENSIVE DEVELOPMENT ZONE (CD)

The purpose of the CD zone is to allow for the creation of comprehensive, site-specific land use regulations on specified sites within Electoral Area “D” where the circumstances are such that regulation by other zones would be inappropriate or inadequate, having regard to existing physical and environmental constraints.

18.1.1 Permitted Uses:

Principal uses:


b) duplex dwellings, subject to density averaging agreement;

c) multi-dwelling units, subject to density averaging agreement. Secondary uses:


e) bed and breakfast operation, subject to Section 7.19; ccxlv

f) accessory buildings and structures, subject to Section 7.13, except for home occupations and bed and breakfast operation. ccxlvi

18.1.2 Site Specific Comprehensive Development (CDs) Provisions:



a) 557 m2, subject to servicing requirementsccxlvii



18.1.5 Maximum Density:ccxlviii

a) 18 dwellings/ha, subject to servicing requirements and Section 7.15;

ccxlv Amendment Bylaw No. 2594, 2012 – adopted March 21, 2013 ccxlvi Amendment Bylaw No. 2594, 2012 – adopted March 21, 2013 ccxlvii Amendment Bylaw No. 1801.15, 2008 adopted May 7, 2009 ccxlviii Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015


b) 23 dwellings/ha with an approved Density Averaging Agreement, and subject to servicing requirements and Section 7.15.


a) for Principal Buildings:





b) for Accessory Buildings and Structures:









a) 35%

18.1.9 Requirements for amenity area for multi-dwelling developments:

a) 40 m2 for each dwelling unit;

b) a minimum of 25% of required amenity and open space areas shall be at grade and outside, and the remainder shall be provided in a convenient and accessible location within the development;

c) where open space is provided at a right angle to a principal window of a living or family room, the minimum depth of the privacy area shall be 4.5 metres when a window is within 1.8 metres of grade, with a minimum building separation of 7.0 metres;ccxlix

d) where open space is provided at a right angle to a principal window of other habitable rooms, the minimum depth of the privacy area shall be 3.5 metres when a

ccxlix Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011


window is within 1.8 metres of grade, with a minimum building separation of 4.5 metres.ccl

18.1.10 Density Averaging Agreement Application:

For any proposal for density averaging to permit increased density of development within the CD zone, the Regional Board will consider whether the proposed development is appropriate for the site in relation to the policies of the Official Community Plan and any other applicable government policy.

Proponents of increased density within the CD zone must submit to the Regional Board an ‘Application for Density Averaging’ accompanied by a Comprehensive Development Plan which includes the following:

a) a site plan or plans, including legal descriptions, of the parcel to be developed, showing the location, dimensions and floor area ratios of all existing and proposed buildings and showing proposed streets, lanes, highways, driveways, parking and loading areas, sidewalks, street lighting, utilities and utility easements in relation to existing streams and other topographical features of the site;

b) preliminary architectural plans and elevations for any proposed buildings;

c) existing and proposed grades and their relations to the elevations on adjoining properties;

d) the location, size, height, colour, lighting and orientation of all signs;

e) the location and treatment of open spaces, existing and proposed landscaping, fences and walls;

f) text outlining all proposed uses;

g) the methods for meeting conditions for obtaining a development permit.

ccl Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011.


19.0 SITE SPECIFIC DESIGNATIONS 19.1 Site Specific Resource Area (RAs) Provisions:

.1 blank 19.2 Site Specific Agricultural One (AG1s) Provisions:

.1 deleted.ccli

.2 deleted.cclii

.3 deleted.ccliii

19.3 Site Specific Agricultural Three (AG3s) Provisions: .1 deleted.ccliv

.2 In the case of land described as Lot 1, Plan KAP90957, District Lot 10 & 338S, SDYD (1752 Alba Road) and shown shaded yellow on Figure 19.3.2:cclv

a) despite Section 4.0 (Definitions), a “principal dwelling unit” shall mean one or more habitable rooms constituting one self-contained unit which has a separate entrance, and which contains washroom facilities, and not more than two sets of cooking facilities (unless a secondary suite is permitted in the applicable zone), and which is designed to be used for living and sleeping purposes.

ccli Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. cclii Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. ccliii Amendment Bylaw No. 2455.12, 2013 – adopted June 6, 2013; and Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. ccliv Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011; and Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. cclv Amendment Bylaw No. 2455.35, 2018 – adopted June 7, 2018.


19.4 Site Specific Large Holdings One (LH1s) Provisions:cclvi

.1 in the case of the land described as Lot B, Plan EPP12661, District Lot 681S, SDYD, and shown shaded yellow on figure 19.4.1:

a) despite Section 10.4.5, the maximum number of dwelling permitted per parcel shall be one (1) principle dwelling, one (1) secondary suite and no accessory dwellings.

cclvi Amenement Bylaw No. 2455.30, 2018 – adopted April 19, 2018.

NN

Figure 19.3.2

Agriculture Three Site Specific (AG3s)

(YELLOW SHADED AREA)


.2 in the case of land described as Lot B, Plan KAP72393, District Lot 2710, SDYD, and shown shaded yellow on Figure 19.4.2:cclvii

a) the following accessory use shall be permitted on the land in addition to the permitted uses listed in Section 10.4.1:

i) kennel, which is defined as meaning the care of no more than fifteen (15) dogs, cats or other domestic animals or pets whether such animals are kept commercially for board, propagation, training, sale or for personal and private enjoyment.

b) despite Section 10.4.6, the minimum setback for buildings, structures and areas utilized in association with a kennel from all parcel lines shall be 30.0 metres.

c) the gross floor area of a building or structure used in association with a kennel shall not exceed 90 m2.

cclvii Amenement Bylaw No. 2797, 2018 – adopted July 5, 2018.

NN

Figure 19.4.1

Large Holdings One Site Specific (LH1s)



.3 in the case of land shown shaded yellow on Figure 19.4.3: cclviii

a) the following principal uses and no others shall be permitted on the land:

i) agriculture, subject to Section 7.23;

ii) charitable, fraternal or philanthropic institution;

iii) forestry;

iv) single detached dwelling;

v) veterinary establishment.

b) the following accessory uses and no others shall be permitted on the land:

i) bed and breakfast operation, subject to Section 7.19;

ii) home industries, subject to Section 7.18;

iii) home occupations, subject to Section 7.17;

iv) secondary suite, subject to Section 7.12;

v) retail sales of farm and off-farm products, subject to Section 7.24;

vi) accessory buildings and structures, subject to Section 7.13.

c) despite Section 10.4.5, the maximum number of dwellings permitted per parcel shall be as follows:

i) one (1) principal dwelling; and

cclviii Amenement Bylaw No. 2797, 2018 – adopted July 5, 2018.

Figure 19.4.2



NN


ii) one (1) secondary suite.

d) despite Section 10.4.8, the maximum parcel coverage for greenhouse uses shall be 10%.

.4 in the case of land described as Lot 19, District Lot 2710, SDYD, Plan 23178 Except Plans KAP61627 and KAP86573, and shown shaded yellow and hatched black on Figure 19.4.3: cclix

a) despite Section 7.12.1, a secondary suite shall be located in either a principal single detached dwelling unit or an accessory structure; and

b) the regulations contained at Section 19.4.3 shall apply.

19.5 deleted.cclx

cclix Amenement Bylaw No. 2455.33, 2018 – adopted July 5, 2018. cclx Amenement Bylaw No. 2797, 2018 – adopted July 5, 2018.



Figure 19.4.3

NN

Large Holdings One Site Specific (LH1s) (YELLOW SHADED AND BLACK

HATCHED AREA)


19.6 Site Specific Small Holdings Three (SH3s) Provisions:cclxi .1 in the case of the land described as Lot 3, Plan KAP3404, District Lot 195S, SDYD,

Except Plan PCL21 and Except Plan A1266 (1419 Green Lake Road), and shown shaded yellow on figure 19.6.1:cclxii


i) home industry, subject to Section 7.18.

b) despite Section 10.4.5, the maximum number of dwellings permitted per parcel shall be:

i) one (1) principal dwelling; and

ii) one (1) accessory dwelling or mobile home.

19.7 Site Specific Small Holdings Five (SH5s) Provisions: .1 In the case of land shown shaded yellow on Figure 19.7.1:cclxiii

i) the following principal use and no others shall be permitted on the land:

.1 “single detached dwelling”

cclxi Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015. cclxii Amenement Bylaw No. 2455.30, 2018 – adopted April 19, 2018. cclxiii Amendment Bylaw No. 2455.19, 2015 – adopted January 21, 2016.

NN

Figure 19.6.1

Small Holdings Three Site Specific (SH3s)



ii) the following accessory uses and no others shall be permitted on the land:

.1 “secondary suite, subject to Section 7.12”;

.2 “home occupations, subject to Section 7.17”;

.3 “bed and breakfast operation, subject to Section 7.19”; and

.4 “accessory buildings and structures, subject to Section 7.13”.

iii) despite Section 10.10.9, the maximum parcel coverage shall be 35%.

iv) despite Section 7.23, the keeping of livestock, small livestock and honeybees is prohibited.cclxiv

.2 deleted.cclxv

19.8 Site Specific Residential Single Family One (RS1s) Provisions: .1 In the case of Lot 14, Plan 1280, Block 5, District Lot 374, Okanagan Falls Townsite,

SDYD, “veterinary clinic” is added as a permitted use and is defined as “a use conducted for the care, treatment, and hospitalization of pet animals only, excluding livestock, and may include accessory sales of pet supplies but does not include the keeping or boarding of healthy animals”.cclxvi

cclxiv Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. cclxv Amendment Bylaw No. 2455.25, 2016 – adopted May 19, 2016; and Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017. cclxvi Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011; and Amenement Bylaw No. 2728, 2017 – adopted July 20, 2017.

NN

Figure 19.7.1

Small Holding Five Site Specific (SH5s)



.2 deleted.cclxvii

.3 deleted.cclxviii

.4 in the case of the land described as Lot 5, Plan 9324, District Lot 337, SDYD, and shown hatched on Figure 19.8.4:cclxix

i) despite Section 7.12.3, the minimum parcel area requirement for a “secondary suite” shall be 660.0 m2.cclxx

19.9 Site Specific Residential Single Family Two (RS2s) Provisions: .1 blank

19.10 Site Specific Residential Two Family (Duplex) (RS3s) Provisions: .1 blank

19.11 Site Specific Residential Manufactured Home Park (RSM1s) Provisions: .1 in the case of land described as part of Lot 1, Plan KAP81234, District Lot 374, 551 &

2710, SDYD, and shown hatched on Figure 19.11.1: cclxxi cclxvii Amendment Bylaw No. 1801.11, 2008 – adopted July 16, 2009; & Amendment Bylaw No. 2455.19, 2015 – adopted January 21, 2016. cclxviii Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015. cclxix Amendment Bylaw No. 2455.14, 2014 – adopted April 17, 2014. cclxx Amendment Bylaw No. 2455.16, 2015 – adopted March 19, 2015. cclxxi Amendment Bylaw No. 2455.09, 2013 – adopted July 4, 2013.

Figure 19.8.4

Residential Single Family One Site Specific (RS1s)

NN

EASTSIDE R

OAD


a) Despite Section 11.4.7(d), no manufactured home shall be located within 3.0 metres of another manufactured home, or 1.0 metre of an accessory building or structure.

b) The following amenity and open space area(s) shall be provided for each dwelling unit:

i) An area of not less than 40m2;

ii) To be located immediately adjacent to and be accessible from a habitable room of the dwelling unit;

iii) Shall not include any required storage area, driveway, off-street parking area or building setback area except the rear setback area; and

iv) Must be marked on the site plan submitted with the Building Permit application for the development of a dwelling unit on the parcel.

19.12 Site Specific Residential Multiple Family (RM1s) Provisions: .1 blank

19.13 deleted.

Residential Manufactured Home Park Site Specific

(RSM1s)

Figure 19.11.1

NN


19.14 Site Specific General Commercial (C1s) Provisions: .1 Not applicable.

19.15 Site Specific Okanagan Falls Town Centre Transition (C4s) Provisions:cclxxii .1 In the case of land described as Lot 1, Plan KAP3828, District Lot 374, SDYD, and

shown shaded yellow on Figure 19.15.1:

i) the following principal use shall be permitted on the land in addition to the permitted uses listed in Section 14.2.1:

a) vehicle sales and rentals;

b) service industry establishment.

19.16 deleted.

19.17 Site Specific Penticton Speedway (CT5s) Provisions:cclxxiii .1 Not applicable.

cclxxii Amenement Bylaw No. 2455.39, 2018 – adopted February 7, 2019. cclxxiii Amenement Bylaw No. 2808, 2018 – adopted October 18, 2018.

NN

Figure 19.15.1

Okanagan Falls Town Centre Transition Site

Specific (C4s) (YELLOW SHADED AREA)


19.18 Site Specific Recreational Vehicle Park (C7s) Provisions: .1 deleted.cclxxiv

19.19 deleted.cclxxv

19.20 Site Specific Tourist Commercial One (CT1s) Provisions:cclxxvi .1 deleted.cclxxvii

19.21 Site Specific Campground Commercial (CT2s) Provisions:cclxxviii .1 Not applicable.

19.22 Site Specific General Industrial (I1s) Provisions:cclxxix .1 in the case of land shown shaded on Figure 1.22.1:

i) the following accessory uses shall be permitted on the land in addition to the permitted uses listed in Section 16.1.1:

a) “single detached dwelling”;

b) “home occupation”, subject to Section 7.17; and

c) “bed and breakfast operation”, subject to Section 7.19.

ii) despite Section 16.1.5, the maximum number of dwellings shall be one (1) accessory dwelling or one (1) single detached dwelling.

cclxxiv Amendment Bylaw No. 2455.24, 2016 – adopted September 15, 2016. cclxxv Amendment Bylaw No. 2455.24, 2016 – adopted September 15, 2016. cclxxvi Amenement Bylaw No. 2808, 2018 – adopted October 18, 2018. cclxxvii Amenement Bylaw No. 2455.39, 2018 – adopted February 7, 2019. cclxxviii Amenement Bylaw No. 2808, 2018 – adopted October 18, 2018. cclxxix Amenement Bylaw No. 2455.30, 2018 – adopted April 19, 2018.


19.23 Site Specific Heavy Industrial (I2s) Provisions:cclxxx .1 in the case of land shown shaded on Figure 19.23.1:

i) the following principal uses and no others shall be permitted on the land:

a) “stockyard”.

ii) despite Section 16.2.3, the minimum parcel size shall be 2.0 ha.

iii) despite Section 16.2.6, the minimum setbacks for all buildings and structures shall be:





cclxxx Amenement Bylaw No. 2455.30, 2018 – adopted April 19, 2018.

Figure 19.22.1

General Industrial Site Specific (I1s) (YELLOW SHADED AREA)

NN


19.24 Site Specific Community Waste Management (I3s) Provisions:cclxxxi .1 blank

19.25 deleted.cclxxxii

19.26 deleted.cclxxxiii

19.27 Site Specific Administrative and Institutional (AIs) Provisions: .1 blank

19.28 Site Specific Park and Recreation (PRs) Provisions: .1 blank

19.29 Site Specific Conservation Area (CAs) Provisions: .1 in the case of the land shown shaded yellow on figure 19.29.1:cclxxxiv

a) the following principal uses shall be permitted on the land in addition to the permitted uses listed in Section 17.3.1:

cclxxxi Amenement Bylaw No. 2455.30, 2018 – adopted April 19, 2018. cclxxxii Amenement Bylaw No. 2455.30, 2018 – adopted April 19, 2018. cclxxxiii Amenement Bylaw No. 2455.30, 2018 – adopted April 19, 2018. cclxxxiv Amenement Bylaw No. 2455.30, 2018 – adopted April 19, 2018.

Figure 19.23.1

Heavy Industrial Site Specific (I2s) (YELLOW SHADED AREA)

NN


i) agriculture, subject to Section 7.23 and 7.24.

.2 in the case of the land described as District Lot 31S, SDYD, Except Plan A11286; and Plan KAP1189, District Lot 2710, SDYD, Subsidy Lot 7, Except Plan A11286, and shown shaded yellow on figure 19.29.2:cclxxxv

a) the following principal uses shall be permitted on the land in addition to the permitted uses listed in Section 17.3.1:

i) agriculture, subject to Section 7.23 and 7.24; and

ii) one (1) single detached dwelling or one (1) mobile home.

cclxxxv Amenement Bylaw No. 2455.30, 2018 – adopted April 19, 2018.

NN

Figure 19.29.1

Conservation Area Site Specific (CAs)


OK FALLS


19.30 Site Specific Comprehensive Development (CDs) Provisions: .1 in the case of Lots 1 to 80, and Lots 82 to 93, Plan KAS3266, District Lot 374, SDYD,

the permitted maximum parcel coverage shall be 45%. In the case of Lot 81, Plan KAS3266, District Lot 374, SDYD, the permitted maximum parcel coverage shall be 50%.cclxxxvi

.2 in the case of the land shown with diagonal hatching on Figure 19.30.2, and denoted as CDs; the maximum density permitted will be six (6) dwelling units.cclxxxvii

cclxxxvi Amendment Bylaw No. 2483, 2010 – adopted April 7, 2011. cclxxxvii Amendment Bylaw No. 2455.08, 2011 – adopted December 20, 2012.

Figure 19.29.2

Conservation Area Site Specific (CAs)


NN


19.31 Site Specific Service Commercisl One (CS1s) Provisions:cclxxxviii .1 in the case of the land described as Lot A, Plan 21205, District Lot 10, SDYD (1612

Highway 97), and shown shaded yellow on Figure 19.31.1:cclxxxix


i) contractor’s office;

ii) service industry establishment;

ii) single detached dwelling.

b) the following secondary uses and no others shall be permitted on the land:

i) agriculture, subject to Section 7.23; and

ii) accessory buildings and structures, subject to Section 7.13.

c) Despite Section 14.9.6 (a), the minimum rear parcel line setback for an accessory building or structure in association with agriculture shall be 1.5 metres.

d) Despite Section 7.20.5, signs permitted are limited to two per parcel and must not exceed a total sign area of 8 m2 nor a height of 3.0 metres.

e) Despite, Section 7.20.7, illuminated signs are not permitted.

cclxxxviii Amendment Bylaw No. 2455.24, 2016 – adopted September 15, 2016. cclxxxix Amendment Bylaw No. 2455.41, 2019 – adopted December 19, 2019.

Figure 19.30.2


19.32 Site Speific Small Holdings Two (SH2s) Provisions:ccxc .1 in the case of land described as Lot 1, District Lot 2710, SDYD, Plan KAP50708, Except

Plan KAP56500, and shown shaded yellow on Figure 19.32.1:

a) despite Section 10.6.4, the minimum parcel size shall be 1.95 ha, subject to servicing requirements.

ccxc

RAIL RD

Figure 19.31.1

Service Commercial One Site Specific (CS1s)


NN


.2 in the case of land described as Lot 1, Plan KAP7681, District Lot 10, SDYD, Except Plan H950 (1902 Highway 97), and shown shaded yellow on Figure 19.32.2:ccxci


i) retail stores, general, not to exceed 250 m2 in gross floor area.

ccxci Amendment Bylaw No. 2808, 2018 – adopted October 18, 2018.

NNSmall Holdings Two Site Specific (SH2s)


Figure 19.32.1


19.33 Site Speific Small Holdings Four (SH4s) Provisions:ccxcii .1 Not applicable.

19.34 Site Speific Large Holdings Two (LH2s) Provisions:ccxciii .1 in the case of the land described as Lot 1, Plan KAP34762, District Lot 681S, SDYD,

Except Plan EPP12661, and shown shaded yellow on figure 19.32.1:


i) agriculture, subject to Section 7.23 and 7.24;

ii) equestrian centre;

iii) open land recreation;

iv) single detached dwelling or mobile home; and

v) veterinary establishment.

b) despite Section 10.5.5, the maximum number of dwelling permitted per parcel shall be one (1) principle dwelling, one (1) secondary suite and no accessory dwellings.

ccxcii Amenement Bylaw No. 2455.30, 2018 – adopted April 19, 2018. ccxciii Amenement Bylaw No. 2455.30, 2018 – adopted April 19, 2018.

NN

Small Holdings Two Site Specific (SH2s)


Figure 19.32.2


~ end of Schedule ‘1’ ~

NNFigure 19.34.1

Large Holdings Two Site Specific (LH2s)


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